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(9) <br />K. RATES AND FEES <br />CITY OF SANTA ANA <br />Notwithstanding other provisions of this agreement related to rates and fees, the Contractor <br />agrees to comply with the following provisions as they relate to rates and fees charged in <br />accordance with this agreement: <br />1. For services provided pursuant to this Agreement, the Contractor shall collect towing, storage and <br />other service fees from the vehicle owner at the time of release. Said fees shall comply with the <br />Santa Ana Police Department's Towing and Storage Fee Schedule, attached hereto as Exhibit 4, <br />and incorporated by this reference. <br />2. The Contractor acknowledges that the fee schedule is intended to list the maximum amounts for <br />services rendered but nothing in this Agreement shall preclude the Contractor from charging less <br />than the maximum fee allowed. <br />3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a call requiring a <br />lighter class tow truck to perform requested services. However, the Contactor acknowledges that <br />fees may only be charged for the class necessary to perform the requested services and not <br />necessarily for the class of tow truck dispatched to the call. <br />4. No fees may be charged for personnel, equipment or services reasonably necessary to perform <br />the required service. <br />5. No lien shall be placed on the vehicle for services performed or initiated, and subsequently <br />cancelled on -scene by the Santa Ana Police Department, unless the Contractor has presented a <br />written statement to the vehicle's registered owner or agent for the signed authorization of services <br />to be performed pursuant to Civil Code § 3068(a). <br />a. The Contractor shall not attempt to take possession of a vehicle in order to establish a lien for <br />any services performed or initiated and subsequently cancelled. <br />b. The Contractor shall not bill the City of Santa Ana or Santa Ana Police Department for any <br />services performed or initiated, and subsequently cancelled by the department. However, in <br />such cases, the incident shall not be considered a rotational call and the Contractor shall be <br />returned to the top of the rotation list. <br />6. The Towing and Storage Fee Schedule shall be posted in the business offices, storage facilities <br />and tow trucks pursuant to CVC § 22651.07. <br />7. Rate adjustments may be considered based on the criteria in Section VI of the Scope of Services, <br />Subsection B, 4, located below. <br />8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be subject to <br />disciplinary action. <br />9. The Contractor shall not seek payment from the City of Santa Ana for services provided pursuant <br />to this Agreement. However, the City shall be responsible for the following charges ordered by <br />the City pursuant to this Agreement: <br />a. Collision cleanup pursuant to Section IV, Subsection N, below; <br />b. Other services authorized by the City's Project Manager prior to the performance of said <br />duties. <br />RFP No. 21-060 Police Rotational Towing and Storage Services Page 30 of 39 <br />