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AGREEMENT FOR PROVISION OF <br />FINANCIAL AUDIT SERVICES <br />THIS AGREEMENT, made and entered into this 16th day of April, 2012 by and between Macias, <br />Gini & O'Connell, Inc., a California corporation (hereinafter "AUDITOR"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California (hereinafter "CITY"). <br />RECITALS <br />A. The CITY issued a Request for Proposals, dated February 6, 2012, for an independent audit <br />of its financial statements and records. <br />B. Pursuant to said invitation, AUDITOR submitted a proposal which is hereby accepted by <br />CITY for provision of said professional service. <br />C. AUDITOR is recognized as a competent and qualified certified public accountant, duly <br />authorized to practice and licensed as such by the California State Board of Accountancy. <br />D. In undertaking the performance of this Agreement, AUDITOR represents that it is <br />knowledgeable in its field and that any services performed by AUDITOR under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />AUDITOR shall provide financial auditing services for CITY's 2012-2014 fiscal years, as set <br />forth in CITY's Request for Proposals, attached hereto as Exhibit A, and incorporated by this reference. <br />Said services shall be performed in accordance with the process set forth in AUDITOR'S Proposal, <br />attached hereto as Exhibit B. All exhibits referenced herein and attached hereto shall be incorporated by <br />reference as though attached in their entirety. <br />2. REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of CITY shall be the Executive <br />Director of the Finance and Management Services Agency, or his designated representative, and the <br />representative of the AUDITOR shall be Jean Horimoto, Director. Except as may be otherwise stated <br />herein, such representatives shall have the authority to act on behalf of their respective parties in carrying <br />out the terms of this Agreement. <br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />AUDITOR warrants and represents that it has the absolute right to enter into and perform this <br />Agreement and will perform its obligations hereunder in accordance with standards and practices <br />prevailing in the industry. AUDITOR's contribution to the Project, including works to be produced by <br />AUDITOR hereunder, will not infringe or misappropriate the proprietary or personal rights of any third <br />25d-5