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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 0