Common use of Incident Reporting and Client Risk Prevention Clause in Contracts

Incident Reporting and Client Risk Prevention. ‌ An incident report shall be created and maintained at the AGENCY for the following: in the event the AGENCY’S staff or subcontractor becomes aware of an occurrence of any incident of injury to a client receiving program services through the COUNTY, requiring medical treatment by a licensed physician; any lawsuit entered into or against the AGENCY, all allegations of any kind of abuse, neglect, or exploitation of the AGENCY’s clients with the exception of those AGENCIES whose primary function is working with those that have been abused, neglected or exploited unless the allegation is against an AGENCY staff member; media coverage relating to the media expressing an interest in a case or issue concerning a client of the AGENCY or an employee on the AGENCY premises, a fire, hostage situation, bomb threat, epidemic or any circumstance which may impact the service provision. All occurrences shall be verbally communicated directly to COUNTY staff no later than 10:00 a.m. the following county business day via telephone to the COUNTY. All incident reports shall be made available to the COUNTY upon request and maintained at the AGENCY. These reporting requirements shall in no way supersede the requirements for notification of allegations of abuse/neglect/exploitations to the State of Florida Abuse Hotline, as mandated in Chapter(s) 39 and 415, Florida Statutes. Article XI: Independent Contractor, Non-Agent AGENCY, and Third Parties‌ 1. Independent Contractor‌ It is understood and agreed that nothing contained in this Contract is intended to, or should be construed as, creating or establishing the relationship of copartners between the parties, or as constituting the AGENCY as the agent, representative, or employee of the COUNTY for any purpose or in any manner whatsoever. The AGENCY is to be, and shall remain, an independent contractor with respect to all services performed under this Contract, and that any individuals hired, or performing services or work, pursuant to this Contract shall be considered to be the employee of the AGENCY for all purposes, including but not limited to for any workers’ compensation matters.