HomeMy WebLinkAboutMCGINN CARPENTER MONTOYA & LOVEMEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
MCGINN CARPENTER MONTOYA & LOVE AS SPECIAL PROSECUTOR FOR THE
STATE OF NEW MEXICO
This Memorandum of Agreement ("MOA") sets forth the understanding and agreement
between the McGinn, Carpenter, Montoya & Love, PC., in its capacity as Special Prosecutor for
the State of New Mexico ("Special Prosecutor"), Albuquerque, Now Mexico and the City of
Santa Ana ("City"), Santa Ana, California, regarding the provision of independent ballistic
analysis services by City's Firearms Examiner Rocky Edwards on ,State of New Mexico v.
Dominique Perez, Second Judicial District Court Case No. D -202 -CR -201500105 and State of
New Mexico v. Keith Sandy, Second Judicial District Court Case No. D -202 -CR -201500104 also
referred to as "the incident." The Special Prosecutor and the City agree as follows:
1. The Special Prosecutor will provide to the City by way of the Santa Ana Police
Department recovered fired projectiles, test -fired projectiles, photographs and
reports of the incident and any other information that the Special Prosecutor
deems relevant to the ballistic analysis.
2. The Special Prosecutor shall transmit, at its expense, if any, to Forensic Fireanrrs
Examiner Rocky Edwards ("Examiner Edwards") of the City test fires and
casings, along with 3-D images (if any), from the firearms believed to have been
utilized in the incident and the projectile(s) obtained from the victim, Examiner
Edwards shall perform comparison testing analysis on the items submitted.
3. If Examiner Edwards determines that it is necessary for him to inspect the
firearms and projectile then same shall be transmitted by the Special Prosecutor to
the City at the expense of the Special Prosecutor.
4. Examiner Edwards shall perforin his independent analysis regarding the incident
outside his normal work schedule at the City's overtime rate of $69.09, the cost of
which shall be paid by the Special Prosecutor.
5. It is anticipated that the review by Examiner Edwards shall take twenty (20)
hours. The City shall keep and provide to the Special Prosecutor a detailed log of
the amount of hours performed by Examiner Edwards, along with his analysis.
The Special Prosecutor and the City agree that the City shall advise when
Examiner Edwards has first consumed ten hours of time. During such time period
Examiner Edwards shall provide a preliminary opinion as to whether he believes a
positive comparison testing analysis can be accomplished by standard ballistic
analysis and if not, by way of 3-D ballistic analysis. If applicable, when
Examiner Edwards has consumed a total of twenty hours of analysis the City shall
so advise the Special Prosecutor. In no event shall Examiner Edwards and the
City perform more than thirty hours of analysis at Examiner Edwards' overtime
rate without the specific written approval of the Special Prosecutor.
6. The designated persons of contact for this MOU shall be Kevin R Holmes, Esq.,
and/or Randi McGinn, Esq., for the Special Prosecutor and Heather Heider,
Forensic Services Supervisor, for the City.
7. In the event that it is necessary for Examiner Edwards to provide Court testimony,
same shall be invoiced separately, subject to a supplemental letter agreement to be
executed by the Special Prosecutor and the City,
8. Invoices for Examiner Edwards' services on the Perez and Sandy incident at the
overtime rate of $69.09 shall be provided by the City to the Special Prosecutor on
a monthly basis and due thirty days thereafter. The Special Prosecutor shall
provide payment made payable to the "City of Santa Ana."
9. The term of this MOU will be for three (3) years from the date it is fully executed
and can be terminated by either party with ten (10) days written notice, If the
MOU is terminated, Special Prosecutor is obligated to pay all fees incurred up to
the date of termination and City is obligated to return all documents and/or
evidence provided to it by Special Prosecutor no later than thirty (30) days of the
date of termination.
10. This MOU may be signed in one or more counterparts and a facsimile or email
transmission of signature shall be the same as an original.
By the signatures set forth below, McGinn, Carpenter, Montoya, & Love PC. and the
City of an a Ana agree to be hound by the terms of this MemorandumofAgreement.
Dated:
KEV P. HOLMES, ESQ.
SPECIAL PROSECUTOR FOR THE STATE OF NEW MEXICO
MCGINN, CARPENTER, MONTOYA & LOVE, PC
ATTEST:
WARIAHfflZAAR
Clerk of the Council
3
CITY OF SANTA ANA
AVAGOS
City Manager
[MOU with McGinn, Carpenter, Montoya & Love, PC., as New Mexico Special Prosecutor]
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Q5 �� ��nl Kl�
Laura A. Rossini
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Chief of Police
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