Item C1 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3119 14 Division: County Administration
Bulk Item: Yes X., No Department:Information Technology_
Staff Contact Person/Phone#:Bob Ward 53- 7 Z
AGENDA ITEM WORDING:
Ratification of an agreement with Andrews International for Computer Forensic Investigative
Services performed on several County owned computers.
ITEM BACKGROUND: As a result of several personnel actions, it became necessary to secure
several computers and contract for a forensic investigation of these computers. Monroe County
purchasing policy authorizes Division Directors to purchase goods and services under$5,000,but the
Board of County Commissioners must approve contracts for services. In this case, obtaining the
forensic investigative services was needed on an emergency basis,as an interruption in the delivery of
an essential government service was present. The Division Director purchased these services within
his purchasing authority to avoid any further delay in governmental services and requests ratification
of the agreement for these services.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATIONS:ApprovaL
TOTAL COST:S 4,675.00 INDIRECT COST: 19.00 BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: $4,675.00 SOURCE OF FUNDS:NIA
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH $0 Year S 0
APPROVED BY: County Att /Pure asing Risk Managements
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7ro9
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Andrews International Contract# MOU of 2/19/14
Effective Date: 2/20/14
Expiration Date:
Contract Purpose/Description:
Agreement with Andrews International to RMAde Forensic Investigative services on
one gystem image of a County-owned lantoD and one h sical hard disk removed from a
County-owned desktop and to provide a report to Monroe County as to their findings
Contract Manager. Bob Ward 8792 Information Technology#26
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 3/19114 Agenda Deadline:3/4/14
CONTRACT COSTS
Total Dollar Value of Contract:$ 4,675.00 Current Year Portion:S 4,675.00
Budgeted?Yes® No❑ Account Codes: 001-05003-530-340-
Grant:$ - - '
County Match:S -
.............................. „.,,,.............................................................,,,,.,,, ,,,,,...........
ADDITIONAL COSTS
Estimated Ongoing Costs:$0/yr For: Forensic Investigative Services
of included in dollar value above) a maintenance,utilities,janitorial,salaries,etc.
CONTRACT REVIEW
Changes Date° Out
n Needed
Division Director �,� Yes❑No h �
.. „
Risk Management � Yes❑No[2°"
r
O.M.B./Pureasing ��( YYes[:] ����No f
County Attorney Yes❑No ""aaLal4
Comments:
OMB Form Revised 2/27/01 MCP#2
1�44
MG�W�CMIIL '
February 19,2014
Robert Ward
CIO
Monroe Country
1100 Simonton Street
Key West Fl.33040
Dear Mr.Ward,
Thank you for the opportunity to provide you with a proposal and agreement for
professional services regarding digital forensics. This proposal outlines the scope of the
assignment and the costs associated with our services. We understand that we will be
working at the direction of the client Monroe County("Client" .
ANDREWS INTERNATIQNAL
Andrews International ("Andrews international") is a global provider of risk mitigation
services in the areas of investigative and security consulting, Specializing in the
gathering and synthesis of information, Andrews international provides a wide range of
services including litigation support,computer forensics,asset searches,financial reviews
and due diligence.
SCOPE OF ASSIGNMENE
COLLECTION
a) Take custody of one desktop internal disk drive with possible bad
sectors,and one removable disk with a DD image and prepare applicable
chain of custody documentation;
b) Forensically image the internal disk drive and prepare applicable
documentation;
c) Create a backup(work product)copy of both images,and verify
integrity;
ANALYSIS
d) Search both images for software,data files,notes,messaging which
would reveal monitoring of other employee(s)in the form of spyware,
audio or video surveillance
REPORTING
ATTORNEY WORK PRODUCT
PRIVILEGED AND CONFIDENTIAL
Pap 2
e) Prepare a case memorandum;and
f) Be available to provide expert/fact witness testimony
pgoFESSIQNAL FEES&COSTS
Based on the information at hand, Andrews International estimates professional fees of
54,675 plus the charges for two(2)hard disks to complete the scoped items.This is not a
fixed cost engagement. Should the scoped amount exceed 20% of estimate, Andrews
International will inform Client and require approval prior to continuing services.
Client is responsible for fees and costs; work will be bill on an hourly basis at the
following rates:
Computer and financial forensics S275
Expert/Fact Witness Testimony S412
Note: travel time during normal business hours (9AM to 6PM) is billed at the full rate,
while travel outside of business hours is billed at half rate.
In addition to professional fees, all out-of-pocket expenses such as travel, mileage,
database fees and document copies will be billed for reimbursement at cost. A 6%
administrative fee will also be assessed,which covers non-quantifiable costs such as long
distance telephone charges, copies, mailings and administrative costs; note, the fee has
been accounted for in the initial budget amount.
A monthly media storage charge will be assessed starting ninety (90) days after
commencing engagement. Media will not be returned until all outstanding balances are
paid and storage fee will apply until the account balance is paid and media is
returned. Unpaid balances that are 90 calendar days overdue may result in the disposal of
media.Storage fees are as follows:
Desktop/Laptop: S 300/month
Hard-drive/smattphone: S 1001month
Tape S 40/month
DVD/CD: S 101month
ET M
It is the policy of Andrews International to obtain a retainer prior to commencing any
assignment. For this assignment,we will require a retainer for the amount of 54,000.00. If
for any reason the assignment is terminated before the retainer is depleted,any unused
portion will be returned to you.
ATTORNEY WORK PRODUCT
PRIVILEGED AND CONFIDENTIAL
Page
CONFEDENTIALITY
Andrews International agrees to perform the assignment at the discretion of the Client.
You have supplied us and will provide us with certain information and materials which
Andrews International agrees to treat as confidential. Andrews international may also
develop, gather and recover certain additional information and materials regarding the
review. We agree that such information and materials are also confidential. Therefore,
all communications, documents and information exchanged by and between Andrews
International and the Client are strictly confidential and shall remain so unless Client
agrees to waive confidentiality or Andrews International is required to disclose same by
court order.
ENGAGEMEDMS
If any person or entity requests or subpoenas any information or materials relating to the
assignment which is within our custody or control(or the custody or control of any of our
agents or representatives), we will inform you of such request or subpoena. Should you
require us to take any legal action to seek protection against disclosure of such information
or materials,Client will either retain legal counsel to represent us or will indemnify us for all
costs and expenses, including reasonable attorneys' fees and disbursements, resulting from
such action.
APPEARANCES
Client agrees that in the event Andrews International is required to appear before an
official tribunal in connection with or as a result of the work performed pursuant to this
agreement,Client will compensate Andrews International for all time spent in preparation
for the appearance and the appearance itself at Andrews international then current hourly
billing rates.
INDEMNITY
Subject to 768.28, Florida Statutes, Client agrees to hold harmless and indemnify
Andrews International (including our officers, employees and agents) against all claims,
damages and costs (including reasonable attorney's fees and disbursements) arising out
of this Agreement, except for such claims,damages and costs resulting from any actions
by Andrews International constituting gross negligence, fraud, willful or unlawful
conduct or a breach of the terms of this Agreement.
TERMNATION OB 3MMPB&JV_AL
Either party may terminate this Agreement in writing at any time. Termination of our
services does not release you from the responsibility to pay us for all the services we have
rendered to you and for all expenses we have incurred on your behalf. Our final
ATTORNEY WORK PRODUCT
PRIVILEGED AND CONFIDENTIAL
Peke 4
statement to you will include expenses for whatever actions we fund necessary to ensure
an orderly transition of the matter.
ATTORNEY'S E9 J W-D-COSTS
Andrews International and the Client agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement,the prevailing party shall be entitled
to reasonable attorney's fees,court costs,investigative,and out-of-pocket expenses,as an
award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative,and out-of-pocket expenses in appellate proceedings.
PUBLIC RECOM
Pursuant to Florida Statute §119.0701, Andrews International shall comply with all public
record laws of the State of Florida,including but not limited to:
Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in the performance of this Agreement.
Provide the public with access to public records on the same terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes,Chapter 119 or as otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
The County shall have the right to unilaterally cancel this Agreement upon violation of
this provision by Andrews International.
Iffi C E L US
The parties expressly agree that the Client shall not request, and Andrews International
shall not perform, any work involving any unlawful, immoral, or unethical activity.
ATTORNEY WORK PRODUCT
PRIVILEGED A14D CONFIDENTIAL
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Andrews International may cancel the work immediately upon notification of any such
activity and shall not be liable for consequences in connection therewith.
If the terms set forth above meet with your approval,please sign below and return it to us
along with your advance payment.Once you have signed and returned this agreement,it
will constitute our fee agreement and will be binding on each of the undersigned.
We look forward to working with you.
Sincerely,
D.C.Page
APPROVED AND ACCERIED
Andrews InteratioDal,Inc.
By:
.:
..
D.C.Page
/ _._........
Date: l`zo y
Moor au ty
B '
Robert W r- m
Date: ....
MONROE COUNTY ATTORNEY
PPRO ED AS TO FORM:
QW1 STI M. UMB ERT,BARROWSBARROWS
ASSI NT COI ANT Y ATTORNEY
Date . R
CHAIN OF CUSTODY
-Me purpose of this -ChWn of
t rform Is to document possession, time frame, and custodyf
evidence. Please be as accurate as possible when filling t this form In the event the chain
comes Into question during litigation. s form is to be used at the time evidence is taken into custody.
DGement all ® peripherals and removable mediasr CDs, Zip disks, DVDs. flash cards,
etc...). Use additionalsheets e
r:
Evidencer TimeCt
I i t
Manufacturer
-Model Number
et Number
acturer
Model Number
SeHal Number
Total Items TakenInto
RELEASED FROK- RELEASED TO;
Name. Name.
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Personl s:
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