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HomeMy WebLinkAbout1985-07-09; City Council; 8248; Establishing standards related to insurance**-;• i?CIW OF CARLSBAD — AGENDA BILL AB#_ MTG. : 7/9/85 DEPT C.A. TITLE:ESTABLISHING STANDARDS FOR REVIEWING INSURANCE'AND SURETY COMPANIES . • DEPT HP.—— CITY ATTYV^B CITY RECOMMENDED ACTION: Adopt Resolution No. #7 O f establishing standards for reviewing insurance and surety companies. ITEM EXPLANATION: .; , Currently, the City requires contractors, builders, subdividers and other persons doing business with the City .to post bonds or furnish insurance. However, we have no Council approved standards for reviewing" the insurance or surety (bonding) companies. Current practice is to require that an insurance company be authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California. A listing as an authorized company by the Insurance Commissioner assures that the company does do business in the State of California, and therefore can be sued in this States However, it does not impose any criterion for the size or financial stability of a company. It is our opinion that in order to assure that a company can be sued in California, has an adequate performance record, and sufficient, surplus the following criteria should be applied by. the City to determine whether or not an, insurance or bonding company is acceptable: . • ' . , 1. Listing by the State Insurance Commissioner as "a company authorized to transact the business of insurance in the State of California. For liability insurance, the City may accept a surplus line carrier upon receipt of a copy of appropriate affidavit. 2. A Best's Rating of "A", Class. XI, or better. The Best's Rating Guide is a reliable rating index both for size and performance of insurance companies. A Best's Rating of "A+" or "A" indicates excellent performance relative to other insurance companies. A Best's rating of "Class XI" or above indicates that the company has 12.5 million dollars in surplus to policy holders plus conditional reserves and the estimated equity in unearned premiums. 3. Should a company not be included in Best's, but it can be shown by convincing evidence that its financial responsibility is equal or better than the rating set forth in No., 2, the City Attorney and City Manager may approve the. company. . Agenda Bill # Page/ 2 We think these standards are necessary to limit the City's risk of having'to use City funds to complete development obligations. The insurance standards will also help ensure that City public works contracts are adequately secured. Without these standards it is possible we may not be able to collect when we need to rely on a bond or insurance policy. At a recent meeting of the San Diego County "city attorneys, it was agreed that all cities should set the same standards for insurance. The action recommended in this agenda bill follows the agreed upon standards. FISCAL IMPACT . . No cost to City. Will increase strength of City's secured positions. . EXHIBIT Resolution No. p"/ o . O ill Q M 3. II-< :>• 'O 1 ,2 3 •4 5 6 7 8 9 10 11 12 § 13 I 14 I ' 15 S 16 17 18 19 20 21 22 23 24 25 26 •27 '28 RESOLUTION NO. 8108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ESTABLISHING STANDARDS FOR REVIEWING INSURANCE AND SURETY COMPANIES. WHEREAS, the City requires contractors, builders, subdividers, and other persons doing business with the City to have various types of insurance; and WHEREAS, it is necessary to ensure that the insurance and surety companies selected .by those persons meet certain financial and performance standards, - Therefore the City Council of the City of Carlsbad resolves as follows: . insurance or surety companies securing or insuring any obligation or risk of which the City is a beneficiary or an additional insured shall meet the following minimum standards: a. Authorization to conduct the business of insurance, of a type required by the transaction, in the State of California as evidenced by listing by the State Insurance Commissioner. For libility insurance the City may accept a surplus line carrier provided the City is provided with a copy of a surplus line carrier affidavit. b. A rating by "Best's Rating .Guide" of "A", "Class XI" or better. If a company is not rated by Best's the City Attorney ' • ' • •' - ' _ • • ?--'-" " ••* c^ .and City Manager may approve an insurer or surety if the company produces sufficient evidence that its financial responsibility and performance capability is equal or better than the Best's rating requirement. : Q CD en CO o -1, O - O oi < 1 2 3 4 5 6 8 9 10 11 12 13 ^ | . 14 s £ * 3 15 16 u. • • j oi_ •>• UJz £! o.o"UJ Z O < Q 01 ^ CD Z O "~ CO5i 5 17 18 19 20 21 22 23 .24 25 26 27 £8 ; PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 16th day of July f 1985 by the following vote to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None • ABSENT: None , MARY H. CALLER, Mayor ATTEST: ,f\- ALETHA L. RAUTENRRANZ, CTty^Cllrk 2.