Definitions for city grant and agreement rules

For the purposes of this article, the following definitions apply unless the context clearly indicates or requires a different meaning. Agreement. An intergovernmental agreement or a private grant agreement. Annual Action Plan. An annual application for funding under the HUD CPD formula grant for the CDBG, HOME, ESG, and HOPWA programs. The Annual Action Plan is submitted to HUD on a yearly basis and identifies projects and activities for HUD review and approval. CDBG. HUD’s Community Development Block Grant program and any successor program. Conditional Gift. Any voluntary contribution of money, securities, other personal property, or of real estate or any interest in real estate to the city for a public purpose, which imposes an obligation on the city. Consolidated Plan. A three- or five-year plan prepared in accordance with HUD CPD requirements submitted to HUD that serves as a planning document that describes needs, resources, priorities and proposed activities to be undertaken with respect to CDBG, HOME, ESG, and HOPWA programs. CPD. The Community Planning and Development programs of HUD. ESG. HUD’s Emergency Shelter Grants program and any successor program. HART. The Honolulu Authority for Rapid Transportation. HOME. HUD’s HOME Investment Partnership program and any successor program. HOPWA. HUD’s Housing Opportunities for Persons with AIDS program and any successor program. HUD. The United States Department of Housing and Urban Development. Intergovernmental Agreement. Any instrument in the nature of a contract, compact, memorandum of understanding, or agreement that is intended to be executed between the city and either the federal government, the State government, the government of any other state, any political subdivision of any state, any combination thereof, or with a quasi-governmental agency. Intergovernmental agreement also includes any arrangement between the city and a governmental entity listed above, or between the city and a nongovernmental entity under contract with a governmental agency listed above, to provide training to city personnel, alone or in combination with travel and lodging for the city personnel to participate in the training. To be deemed an intergovernmental agreement, such an arrangement need not be formalized in a contract, compact, memorandum of understanding, or agreement that is executed between the city and governmental entity. Obligation. Any commitment, promise, or similar representation contained in an agreement that the city or any agency thereof will provide either funds, documents, statistical data, or any professional or technical services to another party, send personnel to training provided by another party, or to expend city funds as required by that party. An obligation does not include the duty to acknowledge a gift, or to report to the donor on the use of a gift. Private Grant Agreement. Any instrument in the nature of a contract, compact, memorandum of understanding, or agreement that is intended to be executed between the city and a private party where the private party agrees to furnish assistance, financial or otherwise, to support a city program or function in exchange for the city incurring an obligation. To be deemed a private grant agreement, such assistance shall be valued at $2,500 or more. The term includes a conditional gift or an agreement providing for a private party to provide training to city personnel, alone or in combination with travel and lodging for the city personnel to participate in the training, provided the gift or agreement meets all of the elements of this definition. To be deemed a private grant agreement, such an arrangement need not be formalized in a contract, compact, memorandum of understanding, or agreement that is executed between the city and private party. Private grant agreement shall not include any procurement or procurement contract as defined by the Hawaii Public Procurement Code, or any sponsorship agreement executed pursuant to Chapter 2, Article 47 . Private Party. A person or entity who is neither an officer or employee of any governmental or quasi-governmental body nor a governmental or quasi-governmental body. Project. A CPD-funded activity in which an applicant requests CPD funding assistance. The term does not include the portion of CPD funding set aside for program administration and planning. )