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2.13 Terms and Conditions All invoices to the Santa Ana Police Department will be N-45 DOI (payment due forty-five (45) days from date of invoice). Payment of the deposit will be necessary prior to procurement of equipment as established in the Con act and will not be N-45 DOI due to the serious shortage of allotted time to complete the project. Linear is not offering a pre -payment or prompt payment discount option. The prices and amounts shown on the PO will be the maximum billable amount, including shipping. Prices may be lower when the solution is delivered and Santa Ana Police Department will be billed accordingly or given a credit toward future purchases, depending on the customer's preference. Product will be shipped F.O.B. Destination. Linear Systems is a Certified Small Business with the Department of General Services Ref #0020657. This requires all customers and agencies to be in compliance with prompt payment terms. Past due invoices from the date of invoice can be charged .25% interest per day as per Department of General Services Prompt Payment Act. This proposal shall be valid for one hundred eighty (180) days after submission on June 6, 2005. 2.13 Bid/Performance Bond Since this is a simple purchase and installation Contract, not a construction project, it is requested that Bid and/or Performance Bond requirement(s) be dropped from the Contract. In order to remain compliant with the Terms and Conditions stated in this RFP, Linear Systems has included an amendment to the Cost Proposal that includes the cost of the system if the requirement for a Bid Bond and/or Performance Bond is enforced by the City of Santa Ana. See: 2.15.1 Bid Bond and 2.15.2 Performance Bond 2.13 Termination Clause Since this agreement is to provide computer hardware, software, and services to the City of Santa Ana and since both Linear Systems and the City of Santa Ana will commit significant investments of both time and money, it is highly desirable that nothing should cause termination of the said agreement and/or Contract. 2.13.1 Declaration of Capability: 2.13.1 Statement of Proiect Understanding Over the last several months, Linear Systems has been working with Santa Ana Police Department on general specifications and requirements for a digital imaging project. Linear has prepared the following documents for internal use; Needs Analysis, Cost Justification Analysis, Two Year Plan, Site Survey, Utilization Analysis, Workflow Analysis, and Backup Contingency Plan, for Santa Ana Police Department, Linear Systems has a very precise understanding of the current and future needs and requirements of the Santa Ana Police Department and has the capability to fulfill those requirements and exceed the expectations of the Department. Additionally, Linear Systems has a proven record of providing solutions to other agencies with similar requirements. Linear Systems Confidential Page #4 of 66 Santa Ana PD P Np O60405.doc