glen CITY OF GLENDALE, CALIFORNIA REPORT TO THE: Housing Authority fl Successor Agency Li

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1 glen Joint Li City Council ~ CITY OF GLENDALE, CALIFORNIA REPORT TO THE: Housing Authority fl Successor Agency Li Oversight Board Li February 28, 2017 AGENDA ITEM Report: Request to Purchase Probabilistic Genotyping Software, Training and Support provided by NicheVision for the DNA Laboratory 1) Motion Authorizing the Purchasing Manager to Issue a Purchase Order 2) Resolution of Appropriation COUNCIL ACTION Public Hearing Li Ordinance C Consent Calendar Z Action Item Li Report Only LI Approved for G9J2319 / f calendar ADMINSTRATIVE ACTION Signature Submitted by: Robert M. Castro, Chief of Police Prepared by: Lisa M. Brewer, Laboratory Director Approved by: Scott Ochoa, City Manager 41/S AVis Reviewed by: Yasmin K. Beers, Assistant City Manager Michael J. Garcia, City Attorney Robert Elliot, Director of Finance C,

2 RECOMMENDATION It is respectfully recommended that the City Council: 1) Appropriate NIJ 2015 DNA Capacity Enhancement and Backlog Reduction grant funds which were previously accepted by the City Council on November 3, 2015; and 2) Authorize the Purchasing Manager to issue a Purchase Order to purchase DNA mixture interpretation software, probabilistic genotyping software licenses, annual upgrade, technical support, and training from NicheVision for the DNA Laboratory. BACKOROUNDIANALYSIS The Police Department s DNA Laboratory conducted a needs assessment and identitifed the equipment and materials required to fulfill the grant objectives to positiviely impact the laboratory s ability to reduce turnaround time and increase sample capactiy. The assessment identified the need for increasing sample analysis throughput, specifically the interpretation of DNA mixtures. By transitioning to mixture interpretation software (e.g., probabilitic genotyping), the DNA laboratory will significantly reduce the time it takes for analysts to perform mixture interpretation calculations which are currently conducted manually. The software will significantly increase the number of interpretable DNA profiles that can be searched in the national DNA database which are currently too complex to interprete through manual calculations. Other advantages of using mixture interpretation software include the elimination of analyst-to-analyst variability and a significant increase in the number of interpretable DNA profiles that can be searched in the national DNA database which are currently too complex to interprete through manual calculations. Background The forensic DNA community in the United States is moving towards the adoption of a probabilistic (likelihood ratio-based) method for the calculation of evidentiary weights.1 The probabilistic method, also known as probabilistic genotyping, requires the use of software to perform calculations using either a semi-continuous or fully-continuous model. The semicontinuous approach uses only a portion of the available data to calculate a likelihood ratio. The continuous approach utilizes all the information contained in the DNA profile to calculate a likelihood ratio and is viewed by the forensic DNA community as a far superior method. Currently, there are only two continuous probabilistic genotyping software programs available worldwide to the forensic DNA community: STRMixTM and TrueAllele. As discussed below, the DNA laboratory staff evaluated both software programs and determined STRmixTM to be the best fit for use within the DNA Laboratory. NicheVision is the sole distributor for STRmixTM. Evaluation Process The DNA Lab assessed the two continuous probabilistic genotyping software programs through various methods including training sessions, consultation with current users, presentations of forensic professionals at scientific meetings and a review of the relevant scientific literature. In June 2014, DNA Technical Leader Lisa Brewer attended a week-long seminar sponsored by the Midwestern Association of Forensic Scientists (MAFS) that highlighted five different software packages, including the two continuous models: STRmixTM and TrueAllele. During the workshop, she had hands-on access to the software as well as direct training and guidance from the software developers themselves. This thorough Evidentiaty weight refers to the reporting of a DNA profile rarity estimate which is usually expressed as a random match probability or a likelihood ratio. 2

3 side-by-side comparison allowed her to assess and ultimately conclude that a fully continuous probabilistic genotyping model software program best serves the needs of the DNA Laboratory. On June 30, 2014, DNA Technical Leader Lisa Brewer, Senior DNA Specialist Catherine Nguyen and Senior DNA Specialist Becky Berlin traveled to the Kern Regional Crime Laboratory and met with the DNA Technical Leader and DNA analysts using TrueAllele. The Kern laboratory staff provided information on the validation and implementation of the TrueAllele software, the associated costs of the system (hardware, software, maintenance and training) and demonstrated how the program works, processing time and the resulting calculations. On January 26, 2015, Senior DNA Specialists Catherine Nguyen and Becky Berlin traveled to the San Diego Police Department to attend a STRMixTM training session. The one-day training session introduced background statistical concepts and provided a hands-on introduction to the software interface, which included analysis of various DNA profiles to observe the processing time and results. In 2016, DNA Laboratory staff attended the California CODIS Conference and the National CODIS Conferences. Both conferences allowed interaction with current STRMixTM users (FBI, California Department of Justice, San Diego Police Department) as well as presentations on the use of STRMixTM in forensic DNA casework. Findings Both software programs employ mathematical modeling of the DNA profile to determine the optimal genotypes present by giving weight to each of the results. These weights are determined by performing simulations of the data using the Markov Chain Monte Carlo (MCMC) method. The accessibility of the underlying models used by each program is critical when considering how readily the results of the different software outputs can be understood by casework DNA analysts and conveyed in courtroom settings. STRMixTM was designed by forensic DNA analysts to be comprehensible to forensic DNA analysts. The software outputs the weight for a genotype combination that is highly intuitive and interpretable by case working practitioners. The MCMC models and equations used by the software are published in peer-reviewed scientific literature. Each complex calculation the software is performing can be broken down and performed by hand to demonstrate the underpinnings of how the software is reaching its conclusions. The transparency of the STRMixTM software allows the DNA analyst to fully understand how the software works thus enabling them to provide testimony in court proceedings. In contrast, TrueAllele was developed and is maintained by mathematical specialists due to the complexity of its calculations. The program s source code underlying the process is a trade secret. The software is not intuitive to case working practitioners and it is difficult to understand how it is ultimately computing its conclusions. Due to its complex nature for reaching its conclusions, all U.S. judicial admissibility hearings to date have been conducted utilizing the statistical mathematician who designed and created TrueAllele, rather than by the DNA analysts who are utilizing the software. The lack of transparency of the TrueAllele system and the inability of the DNA analyst to fully understand the calculations require the use of TrueAllele mathematical specialists in court proceedings thus incurring additional costs due to witness fees. 3

4 The following table is a summary of the major differences between the two software programs: ~ ~ STRMixTM TrueAllele H d No hardware needed. Requires dedicated a computer server. H ~! ar ware desktop Softwareor can laptop. be loaded directly onto PC-based ~ 5 minutes or less for a 2 person mixture. 1-2 hours for most mixtures minutes for 3-4 person mixture hours for 3+ mixtures. Coqnputation Time Less than 2 hours for 4+ person mixture. May take days to process more complicated ~ mixtures.! Biological Some parameters are hard-wired, others are All parameters are hard-wired within the ~ Parameters based on the users validation data (e.g., locus- software..!(variables) used specific amplification efficiency, stutter, drop ~. d.uring MCMC out, etc) ~ Requires DNA analyst to review data and remove non-allelic peaks (artifacts) prior to input No analytical threshold; no DNA analyst assessment of non-allelic peaks (artifacts). Profile Assessment into software. MCMC does not consider non-allelic peaks as possible contributor alleles, MCMC considers non-allelic peaks (artifacts) as possible contributor alleles. ~; Likelihood Ratio Likelihood ratio is calculated relative to an Likelihood ratio is calculated relative to ~.. Framing unknown contributor or contributors, coincidence. The following is a cost comparison based on quotes provided to the DNA Laboratory: ~ STRMix~~A TrueAllele :.: QuantumTMll5: $45,000 H 4 parallel processor, One ViewStation ~ i Hardware n/a Software: one client, one access license : Shipping/handling: $780 estimate ~ Plus applicable state/local taxes.!i *l So~are $21,000 per license See Hardware. H, Support ~ scientific sg~-v~ioca~s&ste~) ~, PP. $5,000 Additional 40 hours User/IT Support : Annual Upgrade $11,880 $0 (first year).:: User Training $3,000 per analyst $10,000 per analyst In summary, STRMixTM best fits the needs of the DNA lab because of the following: Significantly faster computation time. Software can be used on existing laboratory computers and doesn t require additional hardware (e.g., servers). Software transparency allows the DNA Laboratory staff to fully understand how the system works enabling them provide expert witness testimony. FISCAL IMPACT There will be no fiscal impact as the 2015 DNA Capacity Enhancement and Backlog Reduction program grant (DNA Grant) does not require matching funds from the grantee. The equipment requested will be charged to the 2015 DNA Grant and then reimbursed by the grantor DNA Grant $100, G

5 ês ;t~tt ~ W ~U ~Z ~cit? %ctr~ ~$ *e~4~*$~ ~Zi~&~t~: ALTERNATIVES Alternative 1: Approve as requested by the Police Department. Alternative 2: Alternative 3: Deny the Police Department s request. The City Council may consider any other alternative not proposed by staff. CAMPAIGN DISCLOSURE In accordance with the City Campaign Finance Ordinance No. 5744, the following are the names and business addresses of the members of the board of directors, the chairperson, CEO, COO, CEO, Subcontractors and any person or entity with more than 10% interest in the company proposed for contract in this Agenda Item Report: Officers of NicheVision. Inc: Luigi Armogida CEO 526 South Main Street, Suite 714G Akron OH Victor Meles CFO 526 South Main Street, Suite 714G Akron OH Ownership Interest in more than 10% in NicheVision, Inc: ~SiIIJN1ñi ë~jm~ ~TptleJje 4B~i~êss3Wddrits~J ~ ~ ~Cityj~ ~ r~ State,t Zip~ )~ Luigi Armogida CEO 526 South Main Street, Suite 714G Akron OH Victor Meles CFO 526 South Main Street, Suite 714G Akron OH EXHIBITS None. 5

6 MOTION Moved by Council Member, seconded by Council Member, that the City Council hereby authorizes the Purchasing Manager to issue a purchase order to purchase DNA mixture interpretation software, probabilistic genotyping software, licenses, annual upgrades, technical support, and training from NicheVision Inc. for the Police Department s DNA Laboratory, as more particularly discussed in the report by the Chief of Police to City Council dated February 28, Vote as follows: Ayes: Noes: Absent: Abstain: nate: ca?w~1. erino General Counsel Police J:WILES\DOCFILES FAcTFIND Purchasing Manager DNA Lab NicheVision Probabilistic Genotyping Software.doc Cl

7 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE MAKING AN APPROPRIATION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE: SECTION 1: That the sum of $100,000 is hereby appropriated and/or transferred from the following accounts to the following accounts: ACCOUNTS DESCRIPTION FROM TO G52042 Police grants-misc federal, Police Special Grants Fund, $100,000 Police Projects Furniture & Equipment, Police Special Grants Fund, $100,000 Police Projects, 2015 DNA Capacity Enhancement To appropriate funding for the Dept. of Justice 2015 DNA Capacity Enhancement and Backlog Reduction Grant funds. SECTION 2: The Director of Finance is authorized to make such other revisions, individual appropriation line-items, changes in summaries, fund totals, grand totals, and other portions of the budget document as necessary to reflect and implement the changes specified in this resolution. SECTION 3: The City Clerk shall certify to the adoption of this Resolution. Adopted this day of ATTEST: City Clerk Mayor CITY OF GLENDALE DATE 02/14/2017 APPROVED AS TO financial PROVISION FOR $ 100,000 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS CITY OF GLENDALE) /r ~ Dfre or o Flnanc I, Ardashes Kassakhian, City Clerk of the City of Glendale, do hereby certify that the foregoing Resolution No. was adopted by the Council of the City of Glendale, California, at a regular meeting held on the day of, 2017, and that the same was adopted by the following vote: Ayes: Noes: Absent: Abstain: 1/ ~ TO FORM Date: Gener aou set - Police City Clerk 4C2

8 Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washinglon, DC 2053] September 21, 2015 Mr. Scott Ochoa City of Glendale 633 East Broadway, 104 Glendale, CA Dear Mr. Ochoa: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for finding under the FY 15 DNA Capacity Enhancement and Backlog Reduction Program in the amount of $100,000 for City of Glendale. This finding is for the project titled, FY 2015 DNA Capacity Enhancement and Backlog Reduction Program. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit firidings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate, If you have questions regarding this award, please contact: - Program Questions, Alan Spanbauer, Program Manager at (202) ; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) , or you may contact the CSC at ask.ocfo~usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, ~-m~q D.Ow-~ Karol Virginia Mason Assistant Attorney General Enclosures