REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 5, 2024
FROM
ANDREW GOLDFRACH, ARMC Chief Executive Officer, Arrowhead Regional Medical Center
SUBJECT
Title
Non-Financial Affiliation Agreement with Queens University of Charlotte for Nursing Student Clinical Rotations
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Affiliation Agreement, including non-standard terms, with Queens University of Charlotte for its nursing students to participate in clinical rotations at Arrowhead Regional Medical Center, for the period of five years from the date of execution.
(Presenter: Andrew Goldfrach, ARMC Chief Executive Officer, 580-6150)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as this Affiliation Agreement with Queens University of Charlotte (QUC) is non-financial in nature.
BACKGROUND INFORMATION
The Affiliation Agreement will provide clinical onsite training for QUC nursing students at Arrowhead Regional Medical Center (ARMC). As a teaching hospital, ARMC has a number of agreements with educational institutions to provide onsite training for students. Clinical training is necessary for students to obtain their degrees, licenses, and/or certifications.
The volume and diversity of ARMC patients provides a comprehensive educational opportunity to nursing students from QUC, which is a fully accredited educational institution. QUC and ARMC will mutually determine the number of students that will receive training. The Affiliation Agreement ensures the students receive specialty onsite training and experience from ARMC and gain vital skills needed in developing a competent workforce. As a teaching hospital, ARMC expects to attract students to the county area, increasing the potential pool of future healthcare providers.
The Affiliation Agreement was negotiated by the parties that contain terms that deviate from the standard County contract terms as follows:
1. The Affiliation Agreement allows QUC to have abuse/molestation insurance coverage with liability limits of not less than $1,0000,000 per occurrence and a $2,000,000 aggregate limit.
• The County standard contract requires vendors to have abuse/molestation insurance coverage with a $3,000,000 aggregate limit.
• Potential Impact: Without sufficient insurance, the County has no assurance that QUC will be financially responsible for abuse/molestation claims that may arise under the Affiliation Agreement, which could result in expenses to the County.
2. QUC limits its indemnity obligations to claims arising out of the performance of the Affiliation Agreement but only in proportion to the extent such claims are caused by the negligence of QUC, its officers, employees, agents, and students.
• The County standard contract general indemnity provision requires the contractor to indemnify, defend, and hold the County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: QUC's indemnity obligation is more limited compared to the standard County general indemnity obligation. In the event a claim arises that falls outside the scope of QUC's limited indemnity obligation, the County could be financially responsible for the defense of the claim and any resulting judgment/settlement.
3. The County is required to indemnify QUC for any claims arising out of the performance of the Affiliation Agreement but only in proportion to the extent such claims are caused by the negligence of the County, its officers, employees, and agents.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify QUC, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against QUC without such limitations and the County could be responsible to defend and reimburse QUC for costs, expenses, and damages.
ARMC recommends approval of the Affiliation Agreement, including the non-standard terms, to provide clinical training and experience to QUC nursing students, which will result in the delivery of services to the patients at ARMC and increase the potential pool of future healthcare providers.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Charles Phan, Supervising Deputy County Counsel, 387-5455) on October 3, 2024; Risk Management (Loretta Acuña, Staff Analyst II, 386-9039) on October 9, 2024; ARMC Finance (Chen Wu, Finance Budget Officer, 580-3165) on October 10, 2024; Finance (Jenny Yang, Administrative Analyst, 387-4884) on October 11, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on October 18, 2024.