REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
July 26, 2022
FROM
WILLIAM L. GILBERT, Director, Arrowhead Regional Medical Center
SUBJECT
Title
Non-Financial Affiliation Agreement with Chapman University for the Provision of Clinical Experience to Physical Therapy Students
End
RECOMMENDATION(S)
Recommendation
Approve a Non-Financial Affiliation Agreement, including non-standard terms, with Chapman University to provide physical therapy students with clinical experience at Arrowhead Regional Medical Center for a five-year period effective upon execution.
(Presenter: William L. Gilbert, Director, 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 the affiliation agreement (Agreement) with Chapman University (Chapman) is non-financial in nature.
BACKGROUND INFORMATION
This Agreement will provide for the health and social services needs of County residents by allowing Arrowhead Regional Medical Center (ARMC) to provide clinical training to physical therapy students who assist in the delivery of care to ARMC patients, as well as increasing the future pool of healthcare specialists. A key component of ARMC’s mission is to provide education to students in a variety of disciplines. ARMC has a number of agreements with universities and colleges, and technical and trade schools to provide on-site clinical training for students. This clinical training is necessary for students to obtain their degrees, licenses, and/or certifications.
The volume and patient mix at ARMC provide a comprehensive educational opportunity to physical therapy students from Chapman. This affiliation agreement ensures that the students receive specialty clinical training and experience and gain vital skills that are needed in developing a competent workforce.
The recommended Agreement contains terms that were negotiated by the parties that differ from the County’s standard contract terms as follows:
1. Chapman is required to indemnify the County only for claims arising out of the negligent acts or omissions or the willful misconduct of Chapman, including the malpractice of its students.
• The County standard contract general indemnity provision requires the contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: The indemnification provision in this Agreement is more limited compared to the standard County indemnification provision. In the event a claim arises that is outside the scope of this limited indemnification provision, the County could be responsible for defending the claim and paying any resulting settlement/judgment.
2. The County agrees to indemnify Chapman for any bodily injury (including death) or property damage claims that is proximately caused by the negligence or willful misconduct of the County.
• The standard County contract does not require the County to indemnify the contractor under any circumstance.
• Potential Impact: By agreeing to indemnify Chapman, 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 Chapman without such limitations and the County would be responsible to defend and reimburse Chapman for costs, expenses, and damages.
ARMC recommends approval of this Agreement, including the non-standard terms, to provide clinical training to Chapman physical therapy students who will assist in the delivery of specialized medical care to County residents.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Charles Phan, Deputy County Counsel, 387-5455) on June 23, 2022; ARMC Finance (Chen Wu, Finance and Budget Officer, 580-3165) on July 1, 2022; Finance (Jenny Yang, Administrative Analyst, 387-4884) on July 5, 2022; and County Finance and Administration (Diana Atkeson, Deputy Executive Officer, 387-5423) on July 5, 2022.