Thursday, April 14, 2011

Timeline of County Actions in Connection with AtPac (Updated)

I am posting this timeline for reference to the other local bloggers.

July 17, 2008 - Nevada County's Information and General Services Department issued a Request for Proposals for Recording Systems (“RFP”).

October 31, 2008 – Gregory Diaz authorized the creation of a login “isphydoux” to AtPac’s software for Aptitude Solutions. Such login gave Aptitude Solutions full and unfettered access to AtPac’s software. The login was authorized by Nevada County Security Protocol 102 (“NCSP-102”) which was signed by Gregory Diaz. (NCSP-102)

November 4, 2008 – Nevada County creates a login “isphydoux” for Aptitude Solutions. (Dan Evers Notes)

November 5, 2008 – After traveling from Florida, Tom McGrath, VP of Development for Aptitude Solutions and Patty Sandever, account manager in California, are allowed full-access to AtPac’s software. They are placed in a locked room in the IT Department with no windows with (1) AtPac’s software, (2) an Aptitude Solutions server (“AS-Nevada”), and (3) a copying program provided by Nevada County. They are in the room for over eight hours. Steve Monaghan is informed of this occurrence. (Dan Evers Deposition)

November 6, 2008 - Nevada County's Information and General Services Department published the scoring results of the companies that responded to Nevada County’s RFP.

November 18, 2008 - The Nevada County BOS voted 5-0 to approve a resolution authorizing execution of a Software License Agreement with Aptitude Solutions, Inc. for a new Recorder System in the County-Clerk Recorder's office for a total amount of $229,428.

December 5, 2008 – AtPac offers to extract the data for Nevada County at a rate of $135 per hour with a maximum contract amount of $15,000. Such work is scheduled to begin on January 1, 2009. (Contract)

January 7, 2009 – Nevada County abruptly cancels negotiations of the AtPac migration of the data. Gregory Diaz assures AtPac that Nevada County will be extracting the County’s official records and Clerk records data from AtPac’s CRiis system data file, without asking for AtPac’s definition or schema information. (Diaz Letter)

January 13, 2009 – Nevada County BOS ratifies the Indemnification Agreement with Aptitude Solutions, Inc. covering extraction and migration of County data for a data system conversion in the County

Gregory Diaz explained that Nevada County will be extracting the County’s official records and Clerk records data from AtPac’s CRiis system data file, without asking for AtPac’s definition or schema information. Nevada County has no intention of utilizing, saving, or preserving AtPac’s tables in their current format for future use. Aptitude Solutions will then be allowed to work with the extracted flat files to perform the data conversion, and Aptitude will not be using, saving, or preserving table or schema from AtPac. Mr. Robert Shulman, County Counsel, was satisfied with the need for the Clerk-Recorder’s office to enter into an Indemnification Agreement, and the County could defend any challenge by AtPac.

June 2009 – Aptitude Solutions conducts multi-day secured file transfer protocol sessions between AS-Nevada and AtPac’s software which lasted for five days. The only way to determine what Aptitude Solutions copied is to complete a forensic analysis of AS-Nevada. (Kathy Barale & Dan Evers Deposition)

June 8, 2009 – AtPac requests confirmation that Nevada County is not providing Aptitude Solutions with access to AtPac’s Software. Nevada County responds by telling AtPac that they will check into it. (Email Sandblade & Barale)

June 18, 2009 - Greg Diaz and County releases mothers' maiden names over the internet. (Jim McCauley - Placer County Recorder)

September 2009 – AtPac files a tort claims notice with Nevada County.

February 3, 2010 – Through its attorneys Downey Brand of Sacramento, AtPac filed a lawsuit in federal court against the County for copyright Infringement, breach of contract, misapprorpriation of trade secrets, and violations of the Computer Fraud and Abuse Act.

February 18, 2010 - AtPac served the lawsuit upon Nevada County.

February 19, 2010 - County Counsel instructs employees to preserve evidence.  Later that same day, Kathy Barale discusses with an Aptitude employee scrubbing the Aptitude server.  (Court Order, April 13, 2011)

October 27, 2010 – After Nevada County repeatedly failed to produce evidence to Atpac, AtPac files a motion to compel Nevada County to produce evidence.

November 2010 – Nevada County scrubs and reinitialized AS-Nevada based on Department of Defense standards.  There is no ability to complete a forensic analysis of AS-Nevada and the evidence is destroyed. (Kathy Barale & Dan Evers Deposition)

November 18, 2010 – After repeatedly failing to produce evidence, Nevada County is ordered by the federal court to produce evidence requested by AtPac.

December 10, 2010 – Nevada County sanctioned $20,250 by the federal court for failing to provide evidence which resulted in the November 18, 2010, order.

April 13, 2011 – Federal court judge sanctions Nevada County with a jury instruction for destroying evidence relevant to the case.

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