Internship General Terms and Conditions are issued by the Massachusetts Clean
Energy Technology Center (“MassCEC”), an independent public instrumentality of
the Commonwealth of Massachusetts. Any changes or electronic alterations to the
official version of this form shall be void. The Host Employer
agrees to be bound by these Internship Program General Terms and Conditions
upon execution and submission to MassCEC for the duration of each applicable
internship. These Internship Program General Terms and Conditions shall become
effective as of the date indicated on an Award Letter from MassCEC. Accepting
the following Internship General Terms and Conditions as part of the Host
Employer’s Participating Host Employer Application Form does not entitle the
Host Employer to an award for funding by MassCEC.
“Agreement” means these Internship
General Terms and Conditions entered into hereunder and all other referenced
attachments hereto and thereto, as the same may be amended from time to time in
accordance with the terms of these Internship General Terms and Conditions.
“Award Letter” means the award
letter delivered to the Host Employer by MassCEC notifying the Host Employer
that they are eligible for reimbursement for their selected intern(s).
“Commonwealth” means the Commonwealth
of Massachusetts (and its political subdivisions or agents where the context so
“Host Employer” means the
applicant employer that has submitted an application for funding from MassCEC
for an intern(s) through the Massachusetts Clean Energy Internship Program and
has been awarded such funding by MassCEC. This entity will be
deemed the Intern’s employer for all purposes.
“Intern” means the candidate selected
by the Host Employer to participate in an Internship at the Host Employer
through the Program.
“Internship” means the employment
opportunity offered to the Intern by the Host Employer through the
“Measurement Period” means, with
respect to the Intern(s), twelve (12) consecutive weeks of work, commencing on the
earliest start date and ending on the latest end date of the last Intern’s
Internship. A week of work being defined as any amount of time worked during
that week. In the case of multiple interns, this means that the
Measurement Period ends on the day that the last Intern completes his/her
“Program” means the Massachusetts Clean
Energy Internship Program.
“Public Records Act” means the
Massachusetts Public Records Act, M.G.L. Chapter 66, and any successor thereto.
“Related Parties” means Host Employers having
common ownership and/or management personnel (including but not limited to the
Chief Executive Officer, Chief Financial Officer, or Chief Operating
Officer). Related Party Host Employers are also considered to be related
if at any time one Host Employer has the ability to Control the other Host
Employer or exercise influence over the other Host Employer in making financial
and/or operating decisions. For the purposes of this agreement, “Control”
is defined as ownership, directly or indirectly, of more than one half of the
voting power of an organization, or control of the composition of the board of
directors, or other governing body of an organization, or a substantial
interest in voting power and the power to direct the financial and/or operating
policies of the organization.
2. Employment and Location:
a) This Agreement does not establish the
relationship of a partnership, employment relationship, joint venture, or
principal and agent relationship among MassCEC and the Host Employer. Neither
MassCEC nor the Host Employer (together the “Parties”) shall have any authority
to commit or bind the other party to any obligations (contractual or otherwise)
or take any other actions on behalf of the other party.
b) At no time during the term of this Agreement,
shall any Intern be deemed or otherwise considered to be an employee, intern,
contractor, subcontractor or agent of MassCEC for any purpose. Interns are not
entitled to tax withholding or any insurance or other benefits provided by
MassCEC to its employees. The terms and conditions of the Internship
shall be set by Intern and the Host Employer and MassCEC shall have no
responsibility, liability or oversight authority whatsoever with respect to
Intern or the Internship. The Host Employer and its agents,
employees and Interns may not hold themselves out as MassCEC employees and
shall not be deemed an employee of MassCEC for any purposes, including all
federal, state, and local laws pertaining to income taxes, withholding taxes,
Social Security, unemployment compensation, Workers’ Compensation or any other
rights, benefits, or obligations relating to employment.
c) Any employed Intern shall be treated as an
employee of the Host Employer, not contractors or subcontractors, for
compensation purposes and all applicable employment taxes shall be paid by the
Host Employer. Non-compliance with this provision will void MassCEC’s
d) Any intern funded through the Program shall
not be requested or required to sign a non-compete agreement with a Host
Employer. Execution of a non-compete agreement by a Host Employer with any
Intern hired through the Program will void MassCEC’s reimbursement obligation.
a) Funding will be awarded to the Host Employer
by MassCEC in an Award Letter upon approval of Host Employer’s Intern
selection. The Host Employer must demonstrate to MassCEC that the selected
Intern complies with all eligibility requirements under the Program and shall
provide MassCEC with an offer letter signed by both Intern (accepting the
internship) and the Host Employer (offering the internship) prior to the
Internship start date.
b) During the Internship, a Host Employer
shall pay each Intern in accordance with the amount of work performed during
the Measurement Period. Subject to the limitations set forth below, MassCEC
shall reimburse the Host Employer on the basis of hours worked for each such
stipend (the “Reimbursement”), provided, however, that in no event shall
MassCEC be required to reimburse Host Employer for any amounts in excess of two
thousand eight hundred dollars ($2,800) in the fall and spring semesters and five
thousand six hundred dollars ($5,600) in the summer semester for each
Intern, nor for any amounts in excess of fourteen dollars ($14) per hour for
twelve (12) consecutive weeks of work.
The Host Employer agrees that the sole
responsibility to properly compensate, deduct and report taxes on, provide
workers’ compensation and other coverage to the Interns, and otherwise comply
with applicable law regarding the employer/employee relationship lies solely
with the Host Employer. Host Employer agrees that it will seek
independent advice and counsel on its obligations.
c) Host Employer shall provide MassCEC with the “Reimbursement Certification”, which contains the following documents for
each Intern identified in the Award Letter:
1) Financial summary report
2) Proof of payment of the stipend to Intern in the form of paycheck
stubs and/or a payroll summary showing gross wages and evidence of applicable
taxes paid. (Note that MassCEC reserves the right to request additional backup
documentation to ensure compliance.)
Host employers also must complete the
mandatory survey included in the reimbursement instructions.
Promptly upon MassCEC’s receipt of such
Reimbursement Certification, and in no event longer than forty five (45)
business days, MassCEC shall reimburse the Host Employer for such portion of
the stipend applicable to such period. MassCEC reserves the right to deny
reimbursement funding for a Host Employer’s session if a complete reimbursement
package is not received by the session’s reimbursement package submission deadline.
d) Other than the Reimbursement, this award does not deem a Host
Employer eligible or entitled to any other benefit, award, or compensation from
MassCEC by virtue of this Agreement. Likewise, Interns are not
entitled to tax withholding or any insurance or other benefits provided by
MassCEC to its employees.
e) The Host Employer is prohibited from paying
each intern less than twelve dollars ($12) per hour. Failure to pay each
intern at least twelve dollars ($12) per hour will void MassCEC’s
f) Reimbursement will be issued based on twelve (12)
consecutive weeks of work from the start date of the Measurement Period.
g) An intern will be subsidized for only
twelve (12) consecutive weeks of work in one calendar year at any one Host
Employer. An intern may stay on after those twelve (12) weeks, but will not
continue to be subsidized by MassCEC. In a subsequent calendar year, an intern
may reapply to the Program and once again be subsidized at the same Host
Employer. However, the intern will not be approved for funding if the intern
has been continually working for the Host Employer for more than five (5) hours
per week, on average, over the six (6) months prior to the session in question.
Further, interns may not work at the same company through the Program in
4. Related Parties: Related Parties are allowed a maximum of
three (3) subsidized Interns between them (the “Related Party
Cap”). MassCEC may partially award or reject an application submitted by
any Related Party based on the Related Party Cap.
5. Direction of Duties: Each Intern shall at all times be subject to
the ultimate direction of the Host Employer, and shall perform any and all
duties with respect to the Internship at such times, in such manner and at such
location as may be required by the Host Employer.
6. Term: This Agreement shall commence on the date indicated on the
Award Letter from MassCEC and shall expire on the date on which MassCEC
reimburses the Host Employer in full for all portions of any stipend that are
due and payable and not in dispute, or such earlier date if this Agreement is
terminated pursuant to Section 7.
7. Termination: This Agreement may be terminated by MassCEC immediately upon
delivery of written notice of termination to the Host Employer for any breach
of this Agreement or in the event any Intern identified in the Award Letter
does not substantially perform the duties of the Internship, as defined by the
Host Employer in the application. MassCEC agrees to reimburse the Host Employer
for twelve (12) consecutive weeks actually worked by Intern in accordance with the
Measurement Period, and in the performance of the duties of the Internship
prior to termination of this Agreement.
8. Indemnification: To the fullest extent permitted by law, Host
Employer shall indemnify
and hold harmless the Commonwealth, MassCEC,
and each of their respective agents, officers, directors and employees
(together with the Commonwealth, MassCEC the "Covered Persons")
from and against any and all liability, loss, claims, damages, fines,
penalties, costs and expenses (including reasonable attorney's fees), judgments
and awards arising from or related to this Agreement or the Internship
(collectively, "Damages") sustained, incurred or suffered by
or imposed upon any Covered Person resulting from (i) Host Employer’s breach of
any of the terms of this Agreement or any false representation by the Host
Employer, or (ii) any negligent acts or omissions or reckless or intentional
misconduct of Host Employer or any of the Host Employer’s agents, officers,
directors, employees or subcontractors. Without limiting the
foregoing, the Host Employer shall indemnify and hold harmless each Covered
Person against any and all Damages that may directly or indirectly arise out of
or may be imposed because of the failure to comply with the provisions of applicable
law by Host Employer or any of its agents, officers, directors, employees or
9. Insurance: Host Employer shall obtain and maintain in effect through the
term of this Agreement appropriate insurance coverage for any activities arising
under this Agreement.
10. Tax Forms: MassCEC will record payments to Host
Employer on, and provide to the Host Employer, an Internal Revenue Service Form
1099, and MassCEC will not withhold any state or federal employment taxes on
the Host Employer’s behalf. Host Employer shall be responsible for paying all
such taxes in a timely manner and as prescribed by law. Host Employer shall
provide MassCEC with a properly completed United States Internal Revenue
Service Tax Form W-9 (the “W-9”). Failure to provide the W-9 shall be grounds
for withholding payment until such W-9 is received. W-9s must be emailed to the
email address email@example.com. For all tax-exempt entities, a tax-exemption certificate or IRS tax-exemption determination letter must be emailed to firstname.lastname@example.org.
NOTE: If Host Employer’s address
changes, Host Employer must: 1) Send a notification letter of address change to
email@example.com; AND 2) Send an updated W-9 to the email address
firstname.lastname@example.org. Failure to properly notify MassCEC in the aforementioned
manner may result in a delay in payment of Reimbursement or inability to
provide a Reimbursement payment.
11. Legal Compliance:
Host Employer agrees to comply with all applicable federal, state, and local statutes, rules and regulations affecting any term, condition or benefit of employment, including, but not limited to, laws prohibiting discrimination, harassment, and retaliation, and laws entitling Host Employer’s employees to benefits such as earned sick time and medical and parental leaves of absence.
12. Audit: MassCEC
will have the right to audit Host Employer’s or its other agents’ records to
confirm the use of the Reimbursement proceeds at any time from the Effective
Date of the applicable Award Letter through the end of the Retention Period, as
defined herein. If such audit reveals that any portion of the
Reimbursement was utilized for purposes not permitted under this Agreement and
the applicable Award Letter, then Host Employer shall refund to MassCEC the amount
determined by such audit within thirty (30) days of Host Employer’s receipt of
such audit and demand. Host Employer shall maintain books, records,
and other compilations of data pertaining to the Reimbursement made to the
extent and in such detail as shall properly substantiate use of such payments.
All such records shall be kept for a period of seven (7) years, starting on the
first day after Reimbursement payment (the “Retention Period”). If any
litigation, claim, negotiation, audit or other action involving the records is
commenced prior to the expiration of the Retention Period, all records shall be
retained until completion of the audit or other action and resolution of all
issues resulting there from, or until the end of the Retention Period, whichever
is later. MassCEC or the Commonwealth or any of their duly authorized
representatives shall have the right at reasonable times and upon reasonable
notice, to examine and copy at reasonable expense, the books, records, and
other compilations of data of the Host Employer which pertain to the provisions
and requirements of this Agreement. Such access may include on-site audits,
review and copying of records.
13. Conflict of Interest: Host Employer acknowledges that all MassCEC employees are
subject to the Massachusetts Conflict of Interest statute, M.G.L. c.
14. Lobbying: No
Reimbursement funds may be used to pay for or otherwise support any activities
intended to influence any matter pending before the Massachusetts General Court
or for activities covered by the law and regulations governing “legislative
agents” or “executive agents” set forth in the Massachusetts Lobbying Law,
M.G.L. c.3, §39.
15. Public Records and Open Checkbook:
As a public entity, MassCEC is subject to Massachusetts’ Public Records Law, codified at Chapter 66 of the Massachusetts General Laws. Thus, any documentary material, data, or other information received by MassCEC from a Host Employer is a public record subject to disclosure. By checking the box below, Host Employer acknowledges and agrees that MassCEC, in its sole discretion, shall determine whether any particular document, material, data or other information is exempt from or subject to public disclosure. Host Employer agrees and acknowledges that it shall not send MassCEC any confidential or sensitive information relating to participation in this Program.
Further, Host Employer agrees and acknowledges
that MassCEC has the right to disclose the name of the Host Employer, the
amount of the Reimbursement and any other information it may deem reasonably
necessary on Open Checkbook, the Commonwealth of Massachusetts’ online database
of state spending.