HomeMy WebLinkAbout05.F- Police RESOLUTION(ID# 1775) DOC ID: 1775 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Robert Handy M/CC Meeting Date: 05/07/2012
Prepared by: Vicki Cervantes, 909-388-4912
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving the
Assignment of the Agreement for Tow Services with Wilson Towing to Ray Hassan.
Financial Impact:
None
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
04-05-11 Resolution 2011-80,Tow Service Agreement approved by Council
Background:
The owner of Wilson Tow, LLC, desires to sell her business, which is located in the City of San
Bernardino. Wilson Tow, LLC, has a Tow Service Agreement (TSA) with the City of San
Bernardino for tow services,refer to Exhibit"A". This business transaction is in escrow between
the current owner, Lilianna Vach and Ray Hassan. The sale of this business is contingent upon
the City honoring the TSA with Wilson Tow,LLC,under his ownership.
The TSA requires that an investigation be done by the police department in order for Wilson
Tow, LLC, to remain on the City tow rotation under the new owner. An investigation was
completed on Mr. Hassan's business practices as they relate to tow services,refer to Exhibit"B".
Mr. Hassan is awaiting approval from the City in order to purchase Wilson Tow, LLC, which
will remain at the current location. He plans to buy all stock in this tow service.
City Attorney Review:
Supporting Documents:
ORESOLUTION Wilson Tow Change of Ownership (PDF)
Updated:5/1/2012 by Stephanie Easland A
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1775
Letter of intent to sell Wilson Tow (PDF)
cExhibit "A" -Wilson TSA (PDF)
Exhibit"B" -Wilson Change of Ownership Investigation (PDF)
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Updated:5/1/2012 by Stephanie Easland A
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE AGREEMENT
3 FOR TOW SERVICES WITH WILSON TOWING TO RAY HASSAN. W
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4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE v
5 CITY OF SAN BERNARDINO AS FOLLOWS: r
6 SECTION 1. RECITALS
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7 WHEREAS, Wilson Towing desires to sell its business to Ray Hassan; and o
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WHEREAS, The San Bernardino Police Department investigated the proposed new H
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10 owner as required under Section 15 of the Tow Services Agreement (Exhibits A & B) and 3
11 found no information that would prevent assignment of the agreement to Ray Hassan.
12 SECTION 2. That the Mayor and Common Council approve the assignment of the
13 Tow Services Agreement with Wilson Towing to Ray Hassan.
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING THE ASSIGNMENT OF THE AGREEMENT
2 FOR TOW SERVICES WITH WILSON TOWING TO RAY HASSAN.
3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor °rn
4 and Common Council of the City of San Bernardino at a meeting thereof, held
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on the day of 2012,by the following vote,to wit:
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Council Members: AYES NAYS ABS AIN ABSENT 0
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8 MARQUEZ
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9 JENKINS
10 VALDIVIA
11 SHORETT _
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KELLEY
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14 JOHNSON a
15 MCCAMMACK
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17 Georgeann Hanna,City Clerk m
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18 The foregoing resolution is hereby approved this day of 2012.
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Patrick J. Morris, Mayor 3
21 City of San Bernardino Z
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22 Approved as to form:
JAMES F. PENMAN, 0
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City Attorney
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KING & (ir21•;E h'
ATTORNEYS AT L W
3<36 OV ERLANO aV CNVC
LOS ANOSLRS. CALIFORNIA 90034-5405
RbeeRY A, PING RN.... I'A% 1310) 228 2 66
6V6AN H. ORCCN YuEVNGNC 13101 225-2600
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March 12, 2012 c
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San Bernardino Police Department 0
700 North"D"Street `o
San Bernardino,California 92401 —"
Attention: Sgt. Vicki Cervantes 3
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Re: Wilson Towing-Request to Transfer Tow Franchise
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Dear Ms. Cervantes: 0
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As we recently discussed,I represent Wilson Towing,LLC(Wilson)who currently w
maintains an Agreement for Taw,-Services(Agreement)'with the City of San Bernardino. Wilson 3
has entered into a contract to sa- 'i
Ray Hassan
OBJECTIVE AND BACKGROUND
I am a first generation American immigrant from Amman,Jordan. I grew up in Whittier California
and graduated from La Habra High School In 2001. I studied two years at Fullerton College before I
joined our family tow business as a full-time employee. I started as a driver In the 2000 for Hadley w
Tow in Whittier California which Is owned by my brother. I worked my way up to managing the day- ,moo
today operations. While managing Hadley Tow,the company grew from 8 trucks to approximately 75
trucks in multiple locations. By 2006, 1 saved up enough money to start my first business, Hadley U
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Collision Center Inc.The company currently has about 16-20 employees. It is still in operation. In s
2008, I purchased Ben Warner's Garage Inc. (Ben Warner's)which Is a tow operation like Hadley
Tow. Naturally, I carried the skills and winning formulas I learned from working at Hadley Tow and
applied them at Ben Warner's. When I bought Ben Warner's in 2008, we had 3 employees. I now have O
12-15 employees at any given time. I believe in supporting the local community and my hiring
practices reflect that. 1 primarily hire people who live within the city where my business Is located. I o
intend to continue growing my businesses by giving them my all.This requires me to have skills in
managing employees, money, time,and in this industry, public perception. I have proven myself time p
after time to my peers and subordinates. 1 work hard to keep a good reputation as this is In y
everyone's best interest. 3
KII
S L5 PRDFILE n
Wreck Master 7 certification �-
Heavy Haul and Recovery specialist 3
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• Working knowledge of all aspects of towing equipment ~
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• Experience with various local and state agencies. CHIP, Santa Ana Police.. 0
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• Auto collision repair management 3
• Good customer-relations background
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• Own and operate a tow company with public agency contracts and own and operate a separate 0
collision repair business
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EMPLOYMENT HISTORY
General Manager 2000-2006 0
Hadley Tow 0
11819 E. Hadley St. J
Whittler,CA 90601 ..
(562)692-3793 m
• I started as a Driver In 20DO E
• Dispatcher 0
• Accounts Receivable, Payable, Human Resources, Loss Prevention. Q
• Diesel repair shop manager
• General Manager, managing all aspects of day to day operations with approximately 95+
employees.
I developed a working knowledge of our police tow contracts with the Whittier Police, Los Angeles
County Sheriff(Norwalk and Pico Rivera stations), and the California Highway Patrol (Santa Fe
Springs, Westminster, Santa Ana, Baldwin Park offices).
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Owner/Manager 2006-Present
Hadley Collision Center
11827 E. Hadley St.
Whittier, CA 90601
(562) 692-9145
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[ manage all aspects of this repair business including employees, vendors, sales and compliance. rn
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Owner/Manager 2008-Present U
Ben Warner's Garage Inc
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818 E. Walnut St. ur
Santa Ana, California 92701 m
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(714)542-7241 ;
This is a tow operation where I manage all aspects of my tow business. I manage employees, 0
vendors,sales, and compliance. I have working knowledge of our police tow contracts.We tow at o
the request of the Santa Ana Police Dept., California Highway Patrol-Santa Ana office,California ~
Highway Patrol-Capistrano Office(Heavy Duty only), Orange County Fire Authority, Orange County o
Sheriff, Irvine Police Department(Heavy Duty only), Orange Police Department(Heavy Duty only),
and the Tustin Police Department(Heavy Duty only) 3
EDUCATION r
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General Education 2002-2004 `.
Fullerton Junior College, Fullerton,CA 3
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
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To: Captain Ray King c
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From: Sergeant Vicki Cervantes a
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Subject: Sale of Wilson Towing
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Date: March 23,2012 3
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Copies: Lieutenant Paul Williams o
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An Attorney representing Wilson Towing, LLC, advised that the owner of Wilson Tow n
has entered into a contract to sell her business. This transaction is in escrow at this time.
The deal will not close until the decision has been made as to whether or not Wilson Tow M
will remain under contract with the City of San Bernardino under the new ownership. `o
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Our current Tow Service Agreement between the City of San Bernardino and Wilson
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Tow, LLC, states in part that "Any assignment of this agreement due to change in
ownership requires the approval of the City Council to continue on the tow rotation. Any °
change of ownership must be reported to the Police Department in writing, within seven m
days of such change. Thereafter, Police Department will review the proposed new
owner(s) under the standards set out in this Agreement and procedures the Police _'c
Department adopts therefor. Within 30 days of the date of notification of the change of a
ownership, the Police Department shall report the results of its review to the City
Council, which shall approve or deny the assignment of this Agreement to the new
owner". o
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A background investigation was completed on the perspective owner's business practices
related to his tow services.
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The Tow Service Agreement (TSA)between Wilson Tow and the City of San Bernardino y
outlines minimum qualifications a tow carver is required to have to be on the City's tow E
rotation. The perspective owner will purchase all stock in Wilson Tow. The police
department completed an inspection of Wilson Tow on October, 25, 2011 and found that m
the business meets all requirements of the current Tow Service Agreement.
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The TSA requires the business have a current City Business license. The perspective w
owner has not yet obtained a City Business license because the transfer of ownership has c
not yet occurred. He has agreed to apply for and obtain this license as soon as the E
purchase is finalized. A representative of the City Clerk's Office advised that it is taking U
a minimum of 8-10 weeks for a Business license to be issued. She said the delay is a
longer than usual due to the recent change in the City Clerk's position.
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING cket P9. 58
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The TSA requires the operator of the tow service to have three years of verifiable towing
experience as an owner or principle, or as a full-time manager who possesses the required
experience. The perspective owner has owned and operated a tow carrier business since
2008. Prior to purchasing this business, he had approximately eight years of experience
working in this industry. He plans to retain the current manager of Wilson Tow,who has s
been employed by Wilson Tow since 1995 and as manager since 1997. L)
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The perspective owner was Livescanned (fingerprinted) on 03-22-12. On 03-26-12 the
Department of Justice report, returned showing no record of the perspective owner, 3
meeting the requirement of the TSA. 0
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The perspective owner has a working knowledge of police tow contracts through his
current tow service. He has a tow service agreement with several Orange County police °N
and fire agencies. A check was done with these agencies and found no negative
comments or complaints. n
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The perspective owner has read the current tow service agreement between Wilson
Towing, LLC, and the City of San Bernardino. He understands the contract and is
willing to work under the same rules and conditions. He did not know the current owners 2
of Wilson Tow prior to meeting them regarding this purchase. He knew of the broker
being used by the owners to sell this business.
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An Internet search was done on the perspective owners current businesses. Both
P^ businesses are listed, but had no reviews. A check with the Better Business Bureau
returned with no match to either business name nor were there any complaints or negative
comments listed. a
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