The School District and TVA agree to the following:
School Uplift Specefics:
- Conduct an assessment of current energy management practices (e.g., does participating school track, manage, or reduce energy usage?)
- Dedicate an Energy Champion who drives program implementation and commits to monthly updates with TVA
- Establish an energy management scope & goal
- Establish a results-driven Energy Team with assigned accountabilities
- Implement behavior-based energy efficiency activities and projects
- Share historical and monthly energy data with TVA
During the School Uplift program, TVA and EESI, to the extent EESI may assist in funding, agree to perform the following School Uplift program functions at their sole cost and expense:
- Perform an energy management assessment of current energy management practices at the participating school
- Provide management assistance, energy team mentoring, and technical resources to support the development of a strategic energy management plan
- Provide energy awareness tools, resources, and training for employees to support the school district’s personnel and students in understanding how to better integrate energy management strategies into their daily activities in support of the school’s strategic energy management plan
- Coordinate with the School District and participating school to help set, monitor, and measure critical key performance indicators
- Identify energy efficiency strategies to be included in maintenance and operational procedures
- Assist in the development of communication and implementation plan for selected energy use improvement and optimization concepts
- Provide resources and materials that facilitate and promote awareness of selected energy use improvement and optimization concepts
Release of Liability:
To the fullest extent permitted by law, the School District fully and finally releases TVA and its agents and employees from any and all liability arising under or related to this Participant Agreement and/or the School Uplift program and shall defend, indemnify, and hold harmless TVA and its agents and employees from any and all liabilities, losses, claims, costs, or expenses arising under or related to this Participant Agreement and/or the School Uplift program.
Confidentiality:
Except as may be required to be disclosed under applicable state or federal law, the School District and TVA shall each hold in confidence and not disclose any information labeled as “confidential information” or with similar markings (except on a confidential basis to employees, affiliates, contractors, and consultants with a need to know such information in connection with the School Uplift program and who agree to preserve the confidentiality of such information) that is received from the other party. A party shall retain any confidential information received from the other party in the same manner and to the same extent as it holds in confidence its own confidential information.
TVA Terms and Conditions:
The School District hereby authorizes its local power company (LPC) (if applicable) to disclose account information, such as billing information, including billing history before, during, and after the implementation of improvements, to assess the anticipated value and actual effectiveness of
4 SU PA 25.26 Version 6.1
the improvements to TVA or its authorized agents and/or contractors.
The term of the School Uplift program and this Participant Agreement is through May 31, 2026. The School Uplift Program requirements and features may be modified or terminated at any time by TVA without prior notice. School District or TVA may terminate this Participant Agreement upon providing the other party with 30-days prior written notice. If termination is fulfilled consistent with the terms of this Participant Agreement prior to the closing date of any financial application, the Participant may sign up for future School Uplift cohort opportunities.
To the extent TVA may provide any funding under this Participant Agreement, no part of funds paid by TVA under this Participant Agreement may be used to finance lobbying, litigation, or other political activities. By executing this Participant Agreement, School District expressly certifies and agrees not to use any portion of such funds that may be provided by TVA for lobbying, litigation, or other political purposes.
Neither School District, nor any other person performing services under this Participant Agreement, other than an actual employee of TVA, shall be considered an agent or employee of the United States or TVA. Nothing contained herein shall be construed to constitute a joint venture, partnership, advisory group, or other formal corporate relationship by the parties.
Federal law will govern the validity, interpretation, and enforceability of this Participant Agreement and the School Uplift program. In the event federal law states no rule of decision with respect to any particular dispute or claim related to this Agreement, the laws of the State of Tennessee, but not its choice of law provisions, will govern. The parties’ consent that the United States District Court for the Eastern District of Tennessee shall have exclusive jurisdiction and venue over any and all disputes under this Participation Agreement and/or the School Uplift program and hereby irrevocably waive any right to trial by jury in any action brought under the same.
All notices under this Participant Agreement must be in writing and delivered by means of electronic mail, if confirmed by an electronic read receipt or separate electronic mail acknowledgement, to each party’s contact person(s) listed at the top of this Participant Agreement.
School District agrees that its participation constitutes an agreement to allow TVA and/or its authorized representatives to perform evaluation, measurement, and verification (“EM&V”) of the Program to determine energy impacts and program effectiveness at the participating school. Information gathered for EM&V may include, but need not be limited to, the participating school’s electricity metering data and billing history (before, during, and after the Program) as well as onsite verification of the participating school’s building(s) and completion of performance satisfaction surveys. All information collected will be held confidentially and will be used by TVA or its authorized representatives for Program analysis purposes only. School District shall ensure that TVA or its authorized representatives have access to the participating school at reasonable times, for a period of five years from the date of the program’s completion.
If participating school wins a financial award from TVA following participation in the cohort initiative portion of the School Uplift program, please be advised any financial awards will follow a separate reimbursement process that will be provided at the time a financial award is approved.