HomeMy WebLinkAboutItem 06.jMarch 15, 2010 Item No.
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AGREEMENT WITH BLOOMINGTON, GOLDEN VALLEY, HUTCHINSON,
MINNETONKA AND ST LOUIS PARK FOR INFORMATION TECHNOLOGY
SERVICES
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Agreement with
Bloomington, Golden Valley, Hutchinson, Minnetonka and St. Louis Park for Information
Technology Services
Overview
Almost every aspect of City business is retained in electronic format. To ensure that data is
properly managed, the City of Lakeville staff is recommending approval of an Agreement with
the Cities of Bloomington, Golden Valley, Hutchinson, Minnetonka and St. Louis Park to retain
the services of Computer Forensic Services (CFS) for the purpose of developing policies and
procedures for managing electronic data.
CFS will provide the participating cities with policies relating to data retention, removable
media, telecommuting, evidence handling, controls for non-public information, production,
destruction and monitoring. The CFS and City staff recommendations regarding proposed
policies will be forwarded to the City Council at a future date. CFS will also provide
recommendations regarding training, unique documents specific to cities, email and document
archiving solutions.
Primary Issues to Consider
❖ Financing. The cost of CFS services is not to exceed $20,000. The cost is shared equally
amongst the six parties to the Agreement. Lakeville's share ($3,500) would be financed
from the General Fund — Legal program.
Supporting Information
9 Computer Forensic Services proposal.
r
Dennis Feller, Fimet&e Director
Danny Darth, Information Systems Manager
Financial Impact: $ N.A. Budgeted: N.A. Source: N.A.
Related Documents (CIP, ERP, etc.):
Notes:
Agreement for Information Technology Services
This agreement is made , 2010 between the cities of
Bloomington, Golden Valley, Hutchinson, Lakeville, Minnetonka, and St. Louis Park, all
of which are political subdivisions of the state of Minnesota and authorized to cooperate
with each other in the provision of governmental services.
The parties have determined that it would be more cost effective to join together in
retaining the services of a consultant to help the parties manage their data in
anticipation of litigation discovery requests. The parties have received a proposal from
Computer Forensic Services (CFS) for this service, which is attached as Exhibit A ("the
Project') . The parties find that the proposal is acceptable. The parties wish to proceed
with the Project subject to the following terms.
1. The city of Minnetonka will contract with CFS for the Project on behalf of the parties.
2. The costs incurred for the Project will be shared equally by all parties. Upon
receiving an invoice from CFS, Minnetonka will pay CFS for the amount due and will
invoice the other parties for their proportionate shares, which must be paid within 35
days after the date of Minnetonka's invoice.
3. The total costs incurred for the Project cannot exceed $20,000 without approval from
all parties.
4. Each party will designate a responsible person to participate in the Project and to
administer the terms of this agreement.
5. All parties agree to cooperate with each other in good faith in proceeding with the
Project.
[Separate signature pages follow]
Agreement for Information Technology Services Page 2 of 7
CITY OF BLOOMINGTON
Its city manager
Date:
Agreement for Information Technology Services Page 3 of 7
CITY OF GOLDEN VALLEY
IM
Its city manager
Date:
Agreement for Information Technology Services Page 4 of 7
CITY OF HUTCHINSON
0
Its city manager
Date:
Agreement for Information Technology Services Page 5 of 7
CITY OF LAKEVILLE
Its city manager
Date:
Agreement for Information Technology Services Page 6 of 7
CITY OF MINNETONKA
xl-
Its city manager
Date:
Agreement for Information Technology Services Page 7 of 7
CITY OF ST. LOUIS PARK
Its city manager
Date:
ComputerForensic
Services
Project Proposal
for
LOGIS Cities eDiscovery Group
eDiscovery Policy & Procedures
Consulting
Submitted February 3, 2010
Prepared by:
Matthew J. Willis, CISSP, CIFI
mwil lis(a-compforensics.com
Mark Lanterman
miantermanna.comr)forensics.com
of
Computer Forensic Services, Inc.
Office — 952-924-9920
Page 2 of 7
Project Summary
CFS met with several members from cities representing a newly formed LOGIS Cities
eDiscovery Working Group on October 5h of 2009 to discuss assisting in the creation of
a set of eDiscovery procedure and policy documents. The outcome of the effort will be
to create documents usable by most small to medium size members of the LOGIS
group. CFS is proposing a three-phase effort to generate the documents.
CFS will assist the group by attending key meetings, reviewing documents, assisting in
the creation of unified documents, and discussion of those documents with the group.
This work will be performed on a time and materials basis, under the ongoing approval
of an appointed managing representative of the LOGIS group.
Project Details
Phase One: Collection
Participant Selection & Meeting
Each participating city will be asked to nominate members of their staff relevant to
eDiscovery policy and procedures for their city. See Appendix A for an example list of
people that could provide knowledge for this effort.
Identified staff will convene to discuss the project with the assistance of CFS.
Document Collection
Members of the group will be requested to submit electronic examples of:
• litigation hold letters;
• policies containing document retention requirements, including:
o back-up policies and procedures;
o telecommuting policies that may impact document retention and
eDiscovery;
o removable and mobile device policies;
• training and educational material that may apply to document retention;
• the state of Minnesota's model retention schedule;
• and documents reflecting regulatory or standards requirements impacting
eDiscovery.
It is requested that the LOGIS Cities eDiscovery group should appoint one member to
gather the requested documents and submit them to CFS.
Phase Two: Consolidation
Document Review Meeting
CFS will review all of the supplied documentation and determine which documents are
relevant to the creation of a combined document for LOGIS. A meeting will be
conducted between LOGIS and CFS to survey the provided materials.
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.
Page 3 of 7
Document Elements Meeting
After CFS has had a chance to analyze the provided documents, relevant members of
the group will attend a meeting to discuss the inclusion or exclusion of commonalities to
be used in the final documentation. Criteria for inclusion of the elements present in the
final documents will be discussed.
For this meeting, CFS will generate a presentation highlighting some of the policy
decisions that will be discussed.
Document Consolidation
Documents will then be generated that reflect the criteria discussed with the group, while
highlighting possible policy and procedure decisions for further group review.
Deliverables: Annotated draft copies of a Litigation Hold Letter Template document and
a Document Retention & Destruction Policy will be drafted.
Phase Three: Revision
Policy Elements Meeting
CFS' recommended documents will be submitted to the LOGIS group for review. A
meeting of the relevant group members will be held to make key decisions on the policy
elements to be included.
Final Documentation
The agreed -to changes will be reflected in an updated set of deliverables. The goal of
the deliverables will be to provide a strong initial working set of documents that each
member city may customize according to their own environment.
Deliverables: Final copies of a Litigation Hold Letter Template document and a
Document Retention & Destruction Policy will be drafted. A document containing CFS'
eDiscovery Recommendations will be drafted.
Client Review
Two working sessions are planned to discuss and further edit the deliverables with the
LOGIS group. These sessions are designed to generate understanding, acceptance,
and next steps for adopting the documents presented.
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.
Page 4 of 7
Deliverables
As a result of this effort, CFS will draft three main deliverables based on the materials
supplied by and through discussions with relevant LOGIS members. The documents
provided will be created with enough commonality to allow the majority of participating
members to easily deploy or customize them as needed.
Litigation Hold Letter Template(s)
LOGIS has expressed the need for a simple document that will be issued to city
employees in response to the reasonable expectation of litigation.
This letter usually includes:
• A statement of the legal matter;
• Items covered by the hold;
• The employee's obligations to protect the information;
• Steps required to preserve the information;
• Conditions under which the data may be destroyed;
• And contact information for further information.
A concurrent letter is often issued, as part of regular eDiscovery procedure, to IT staff to
assist in portions of the retention required by the letter. This often covers the
suspension of file -system quotas, automated document destruction procedures/software,
and the initiation of email archival, if present. CFS will discuss the process that can be
used to integrate IT and litigation hold procedures with LOGIS and assist in the drafting
of a required procedural IT letter to accompany the employee's Litigation Hold Letter.
Document Retention & Destruction Policy
With a focus on eDiscovery issues, CFS will update an existing retention and destruction
policy or assist in the drafting of a new policy to allow for a repeatable, understandable,
and trainable process.
Items that will be discussed with the LOGIS group and potentially addressed in the
policy include, but are not limited to:
Retention - Back-ups, including aspects impacting disaster recovery needs, rotation and
storage of media, selections of items for retention, and other non -tape archival methods
Removable media — Handling mobile devices, removable drives, and other ways that
data may leave city systems
Telecommuting — Impacts of home -office and telecommuting on retention
requirements; the requirements for blending city and personal activities on systems
Evidence handling — preserving chain of custody for retained information; interfacing
with forensic investigations
Controls for non-public information — Applying due -care to preserved data; policy
impacts and social changes/education
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.
Page 5 of 7
Production — Handling both routine and complex production requests; mapping the data
available on city systems; identifying and classifying non-public data
Destruction — Automated destruction issues; ways to permanently destroy data;
methods to stop the unwanted destruction of data; locations of hard -to -reach data; the
complex forensic impact of the daily use of a system
Monitoring — Ensuring that eDiscovery policies and procedures are being followed
eDiscovery Recommendations
CFS will draft a listing of recommendations for LOGIS to consider in relation to the
results of the eDiscovery documentation effort. The recommendations will likely include
additional policies and procedures that may need to be drafted for a comprehensive
eDiscovery program.
These recommendations may include:
• Training and educational materials;
• Unique documentation specific to certain cities or services;
• Document management systems;
• Email and document archiving solutions;
• Other hardware and software unique to the handling of eDiscovery in document
management and telecommuting;
• And other documentation that may be outside of the scope of this effort.
Client Requirements
CFS recommends that access be given to:
■ Staff related to eDiscovery within participating cities,
■ A single point of contact capable of scheduling work in a timely manner,
■ Written policies that may be applicable to the engagement,
■ Conference space (if required) for onsite meetings,
■ And non -disclosure or confidentiality agreements as required.
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.
Page 6 of 7
Financials
CFS will be performing the work outlined in this proposal on a time and materials basis.
The estimates for the activities proposed above are as follows:
Phase One
• Meeting with the LOGIS Cities eDiscovery Group
• E-mail support time related to the collection of materials
CFS estimates that 4-6 hours are required to support phase one.
Phase Two
• Status update meeting with the LOGIS Cities eDiscovery Group
• Review for the collected documents
o This assumes 4-5 major document contributors.
• Documentation time preparing for a group meeting
• Meeting with the LOGIS Cities eDiscovery Group
• Document consolidation/creation
CFS estimates that 40-52 hours are required to support phase two.
Phase Three
• Documentation of further eDiscovery recommendations
• Documentation time preparing for a group meeting
• Meeting with the LOGIS Cities eDiscovery Group
• Documentation time revising the draft of the documentation
• Documentation time preparing for group meetings
• Further meetings with the LOGIS Cities eDiscovery Group
CFS estimates that 20-24 hours are required to support phase three.
CFS expects that the final deliverables for the effort will be draft copies of the following
documents:
• A Litigation Hold Letter Template document,
• a Document Retention & Destruction Policy;
• and a eDiscovery Recommendations document.
The total estimated time for this work is 64 to 82 hours, totaling an estimated $14,400 to
$18,450. The work will be conducted by a principal -level resource at $225/hr, with non-
business hours at a rate of $337.50/hr. Travel time outside of the Twin Cities metro is
billed at $112.50/hr. CFS will obtain approval for all work prior to commencement.
CFS recommends that up to an additional eight (8) hours, or $1800, should be budgeted
for additional meetings and document requests related to customizing the draft
documents, totaling an estimated $16,200 to $20,250.
As part of our standard billing practice, CFS requires a $5,000 retainer prior to
commencement of work.
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.
Page 7 of 7
Appendix A: Participant Roles
Initially, specific individuals will be identified based on functional areas of responsibility
related to eDiscovery. The participants will be subject to change as specific knowledge
owners are identified through the process.
The roles presented below are examples generated for this purpose.
IS management — risks, policy, and procedures within IS
Regulatory — practices and requirements related to document management
Legal/Litigation Support — current litigation hold, preservation request, and retention
processes/policies
Records/Document management — administration and management of both paper and
electronic records/data.
Confidential & Proprietary
to
The LOGIS Cities eDiscovery Group and Computer Forensic Services, Inc.