CoC Membership Policies
Policies and Waivers Required for CoC Members and Volunteers
The following policies and waivers pertain to Pinellas Continuum of Care (CoC) Members and Volunteers.
Please note that all new and renewing members of the Pinellas CoC must agree to the CoC’s Conflict of Interest Policy and Waivers annually when joinining or renewing membership in the Pinellas CoC. Additionally, all volunteers must agree to the Waivers and Releases below upon registering to volunteer.
Conflict of Interest Policy
Required for CoC Members
The Pinellas Continuum of Care (CoC) adopted the following Conflict of Interest Policy on the 6th day of December 2019:
Pursuant to HUD regulations 24 CFR 578.95, it is required that the CoC adopt a comprehensive Conflict of Interest Policy(ies) which shall govern the CoC Board, its committees and Councils. It is the intent of this Policy to meet this requirement and otherwise be consistent with the Florida law on the issue of conflict of interest to maintain the integrity of the Board members and to provide direction and guidelines to individual members of the Board, its committees and Councils, agencies thereof, consultants thereto and other persons or entities participating in the scope of a decision process. Persons who are subject to this Policy shall generically be referred to as a "Covered Person," and hereafter they shall be collectively referred to as the "Board," which shall include, but not be limited to, all persons who are CoC board members, members of committees, members of Councils and officers and employees of the Homeless Leadership Alliance of Pinellas (HLA).
It is the Policy of the CoC that all persons covered by this Policy act only for the benefit of the Board and the people served by the Board and that their participation in the activities of the Board in violation of this Policy does not require that the person actually acted for the benefit of himself or herself or an employer or a third person but that the situation factually leads to a temptation that could encourage such person to act for the benefit of a private person, employer, family member, friend or any other person or entity.
For the purpose of this Policy the terms "conflict" or "conflict of interest" mean a a situation in which regard for a private interest tends to lead to a disregard of a public duty or interest. Such term includes all situations that create a temptation for a person to act dishonorably and includes situations in which no wrong is intended or committed.
It is intended by this Policy that the persons covered by this Policy be independent and impartial and that any function performed by such person not be used for private gain or benefit for the private benefit of any person or entity employing such person.
In the event that Florida Statutes or the requirements of funding organizations have policies or procedures regarding conflict of interest that are more restrictive or limiting than those set forth in this Policy, such more strict rules or policies shall apply to the conduct of a Covered Person. In no event shall the rules or requirements concerning conflict of interest of other entities lessen or void adherence to this Policy
No Covered Person may participate in or influence discussions or decisions concerning the award of a grant, other financial benefit or contract with or any other substantial decision for an organization that the Covered Person is employed by or acting on behalf of for compensation.
For the purpose of this limitation, the term "participate" shall mean any and all activities in any way related to a funding decision or other substantive decision whether as a committee member, a Board member or a Council member. Participation involves any activity, including taking part in discussion, staffing, advocating, voting, recommending or any other activity leading to a final decision by the Board or agency of the Board as to a particular funding, contractual relationship, terms and conditions of service or any other matter that either benefits or harms the organization employing the Covered Person or the Covered Person himself or herself.
For the purpose of this Policy the term "influence" shall include all of the activities set forth in the definition of the term "participate, and shall also include any activities by the Covered Person that have or may possibly have the effect of affecting or altering by indirect or intangible means or have an effect on the decision of the Board, or that of any committee, advisor or consultant thereto, or action involving the Covered Person or an organization employing the Covered Person.
No Covered Person shall vote as a member of the Board, Council or, a committee or agency thereof upon any measure which would inure to his or her special private gain or loss for which he or she knows would inure to the special private gain or loss to any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, or any other person.
It is the obligation of any Covered Person to make known to the Board, Council, committee or agency thereof as to the existence of any voting conflict then known to the Covered Person including the existence of a conflict of interest and the nature thereof. The written proceedings of the Board, committee or agency thereof shall reflect the announcement of such disclosure. Such disclosures shall be announced at or before the consideration of the matter about which the conflict exists and no further participation of the Covered Person shall occur thereafter. The Covered Person shall not, during the discussion or other resolution of the matter, indicate in any manner whatsoever, either verbally or physically, the Covered Person's opinion concerning the matter under discussion.
A Covered Person with a voting conflict of interest shall announce such conflict at the commencement of a discussion on an agenda item before the Board or before any proceeding on such an item and at a proceeding of a committee or Council or other entity or person providing analysis or are commendation to the Board. A notation of such conflict will be made in any minutes, recording or in any form of memorialization of such meeting. Such disclosure shall contain specific information in the record why the conflict of interest exists.
A Covered Person may provide factual information to the Board, committee or agency thereof, during a decision process about which the Covered Person has a conflict of interest only in the event of a direct factual question from a participating Covered Person and shall limited only to specific facts. No advocacy by the Covered Person in such communication shall occur.
If a Covered Person has a question as to whether or not a prohibited conflict of interest exists as to any specific matter of business, such person may contact the Chairperson of the Board to request a legal opinion on such matter. All such opinions shall be issued in writing by the attorney acting on behalf of the Board and shall be appended to the minutes as evidence of such matter where a conflict of interest exists. A conflict of interest coming to the Covered Person's attention during or immediately prior to a meeting may be brought to the attention of the Chairperson at such meeting and, if possible, ruled on by the attorney representing the Board. A written memorandum of such possible conflict shall later be made available and appended, if possible, to an appropriate written document pertaining to such meeting.
Waivers and Releases
Required for CoC Members and Volunteers
By agreeing to this document, you waive certain rights including the right to sue. Please read the following carefully prior to submission of a membership or volunteer form. Please note that submission of the membership or volunteer form are considered agreement to the terms of the Waivers and Relases below.
The applicant (including the parent or guardian of any minor) and his/her/their heirs, devisees, representatives, spouses, family relations, successors, and/or assigns (collectively, the “Signer”) is aware that engaging in activities or services (“WORK”) on behalf of HOMELESS LEADERSHIP ALLIANCE OF PINELLAS and / or PINELLAS CONTINUUM OF CARE. (collectively, the “Charity”) may involve certain risks, dangers and hazards, including, but not limited to, picking up dangerous debris and collision with passing traffic. The signer represents and warrants that he/she/they are fully, physically, and medically capable of properly performing the Work and will immediately notify the Charity of any ailment, condition, or inability to the contrary.
Safety and Claims
Applicant agrees to wear safety equipment and use proper tools (such as gloves, tongs, protective eyewear, and/or EZ Reacher’s) while participating in the Work to minimize any such risks and freely accepts, and fully understands and assumes all risks and dangers and the possibility of personal injury, death, property damage, or loss resulting from the Work including NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. Applicant agrees to indemnify and hold the Charity, its members, officers, agents, employees, attorneys, and any person or entity acting on its behalf harmless from and against any and all claims, injuries, damages, costs, expenses, attorney fees, and/or medical fees or expense in performing the Work. Any action between Signer and the Charity shall be in Pinellas County, Florida where exclusive venue rests with Florida law being applicable to all matters between Applicant and the Charity.
Photo, Video, Statement and Endorsement Release Form
The Applicant hereby irrevocably grants all rights, title and interest and give permission to the Charity, and its directors, officers, employees, licensees, successors and assigns, to use, reproduce, distribute, publish and copyright photographs and/or video of me taken during volunteer events for any purpose in any and all media now known or hereafter developed, including but not limited to use in publications, news releases, online, and in other communications related to the mission of the Charity. I hereby hold harmless and release and forever discharge the Charity from all claims, demands, damages and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I understand that nothing herein obligates the Charity to use my name or photograph(s) or video in any advertising materials.
Non-Proselytizing Agreement
In order to maintain a safe, conflict-free environment, and to abide by the principles and mission of the Charity. The mission of the Charity is to strive to prevent, divert, and end homelessness in Pinellas County by providing leadership to community partners and stakeholders in the planning, implementation, and alignment of the community-wide crisis response system. The vision of the Charity is to ensure that homelessness is rare, brief, and a one-time experience.
Non Disclosure Agreement - Confidential Information
All data, materials, knowledge and proprietary information generated through, originating from, or having to do with the Charity or persons associated with its programs, activities, including contractors, is to be considered Confidential Information and is not to be disclosed to any outside party. This includes, but is not limited to, hearsay, documents, information, system data, designs, printed matter, policies, procedures, conversations, messages (received or transmitted), resources, contacts, email lists, email messages, whether internally between staff or outside the Charity is confidential and the sole property of the Charity.
Non Disclosure Agreement - Client Information
Client information, including all file information, is not to be disclosed to any third party, under any circumstances, without the written consent of the Charity and the client.
Non Disclosure Agreement - Damages
Any disclosure, misuse, copying or transmitting of any material, data, or information, whether intentional or unintentional, will subject Signer to disciplinary action, prosecution, and/or monetary damages according to the procedures set by the Charity and any applicable laws.By submitting the volunteer or membership form, the Applicant is acknowledging that they have read the above waiver and agree to its terms.