REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
June 18, 2025
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Non-Financial Affiliation Agreement for Forensic Pathology Fellowship Program with Loma Linda University Health Education Consortium
End
RECOMMENDATION(S)
Recommendation
1. Approve non-financial Affiliation Agreement, including non-standard terms, which includes a Program Letter of Agreement, with Loma Linda University Health Education Consortium for the Sheriff/Coroner/Public Administrator’s Coroner Division to provide a Forensic Pathology Fellowship Program, with the minimal cost of surgical disposable protective wear to be reimbursed by Loma Linda University Health Education Consortium, for the period of July 1, 2025, through June 30, 2026, with the option to extend the term by two additional one-year periods or one additional two-year period.
2. Authorize the Sheriff/Coroner/Public Administrator to:
a. Execute the Program Letter of Agreement referenced in Recommendation No. 1, as required by Loma Linda University Health Education Consortium.
b. Execute amendments to extend the term of the Affiliation Agreement for one additional two-year period or two additional one-year periods, and to approve any non-substantive amendments relating to the scope of services of the Forensic Pathology Fellowship Program, subject to review by County Counsel.
3. Direct the Sheriff/Coroner/Public Administrator to transmit the executed Program Letter of Agreement, and any executed amendments to the Affiliation Agreement, to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The cost of surgical disposable protective wear utilized per Fellow, will be reimbursed to the County by Loma Linda University Health Education Consortium (LLUHEC) per the standard fee amount for protective wear included in the County’s Fee Ordinance, Section 16.0226(t)(9)(B), currently $48 per day. This fee amount may be adjusted annually according to the County Fee Ordinance.
BACKGROUND INFORMATION
The proposed Affiliation Agreement (Agreement) provides for the safety, health, and social service needs of the county’s residents by supporting LLUHEC’s Fellows in the Pathologist Fellowship Program (Program) and providing a clinical rotation at the Sheriff/Coroner/Public Administrator’s (Department) Coroner Division Facility. LLUHEC Fellows enrolled in the Program will observe and participate in the performance of autopsies under the direction of the Department’s Forensic Pathologists.
The negotiated Agreement between the Department and LLUSM includes the following non-standard terms:
1. The Agreement does not include certain standard County insurance requirements, including the requirement that the County be a named additional insured on certain policies.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Department of Risk Management (DRM).
• Potential Impact: Not being an additional named insured on the policy excludes the County from direct coverage under the policy, which could result in expenses that exceed the total Agreement amount.
2. The County is required to indemnify and hold LLUHEC and its officers, employees, and agents harmless from and against all claims and costs (including reasonable attorneys’ fees) resulting from performance of the Agreement, but only in proportion to and to the extent that such claims and costs are caused by, or result from, the County’s negligent acts or omissions.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify LLUHEC, 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 LLUHEC without such limitations and the County could be responsible to defend and reimburse LLUHEC for costs, expenses, and damages, which could exceed the total Agreement amount.
While these are exceptions to the County’s standard contract language, the Department recommends approval of this Agreement to help provide educational experiences for the Forensic Pathology Fellows. County Counsel and the DRM have reviewed and provided input on the Agreement.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on May 15, 2025; Risk Management (Gregory Ustaszewski, Staff Analyst, 396-9008) on May 16, 2025; Finance (Erika Rodarte, Administrative Analyst, 387-4919) on May 29, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on May 30, 2025.