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2. The Contractor acknowledges that the fee schedule is intended to list the maximum <br />amounts for services rendered but nothing in this Agreement shall preclude the <br />Contractor from charging less than the maximum fee allowed. <br />3. Nothing shall prohibit a Contractor from sending a Class B, C or D tow truck to a <br />call requiring a lighter class tow truck to perform requested services. However, the <br />Contactor acknowledges that fees may only be charged for the class necessary to <br />perform the requested services and not necessarily for the class of tow trick <br />dispatched to the call. <br />4. No fees may be charged for personnel, equipment or services reasonably necessary <br />to perform the required service. <br />5. No lien shall be placed on dne vehicle for services performed or initiated, and <br />subsequently cancelled on -scene by the Santa Ana Police Department, unless the <br />Contractor has presented a written statement to the vehicle's registered owner or <br />agent for the signed authorization of services to be performed pursuant to Civil <br />Code § 3068(a). <br />a. The Contractor shall not attempt to take possession of a vehicle in order to <br />establish a lien for any services performed or initiated and subsequently <br />cancelled. <br />K The Contractor shall not bill the City of Santa Ana or Santa Ana Police <br />Department for any services performed or initiated, and subsequently cancelled <br />by the department. However, in such cases, the incident shall not be considered <br />a rotational call and the Contractor shall be returned to the top of the rotation <br />list. <br />6. The Towing and Storage Fee Schedule shall be posted in the business offices, <br />storage facilities and tow tricks pursuant to CVC § 22651.07. <br />Rate adjustments may be considered based on the criteria set forth in this <br />Agreement, <br />8. Contractor's failure to comply with the Towing and Storage Fee Schedule shall be <br />subject to disciplinary action. <br />9. The Contractor shall not seek payment fiom the City of Santa Ana for services <br />provided pursuant to this Agreement. However, the City shall be responsible for <br />the following charges ordered by the City pursuant to this Agreement: <br />a. Collision cleanup as outlined in this Agreement; <br />b. Other services authorized by the City's Project Manager prior to the <br />performance of said duties. <br />25F -51 <br />