Oregon Administrative Rules › Chapter 951 - OREGON FILM AND VIDEO OFFICE › Division 6 - OREGON PRODUCTION INVESTMENT FUND PRODUCTION SPENDING REIMBURSEMENTS FOR LOCALLY PRODUCED PRODUCTIONS (L-OPIF) › Section 951-006-0020 - Payment of Rebates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Regardless
			 of whether the production is otherwise a qualifying film or television
			 production or a qualified local media production or whether the OFVO determined
			 the production eligible, reimbursement of expenses from the L-OPIF will only be
			 paid pursuant to and upon the terms and conditions of a contract entered into
			 between the OFVO and the local filmmaker or local media production services
			 company pursuant to OAR 951-006-0010(4). If the local filmmaker or local media
			 production services company does not enter into a contract with OFVO, the local
			 filmmaker or local media production services company will not receive any
			 reimbursement of expenses from OFVO.
(2) In addition to any other terms and
			 conditions that the OFVO considers necessary or desirable, contracts for L-OPIF
			 reimbursements will usually include the following provisions:
(a) The local filmmaker or local media
			 production services company must submit to the OFVO, after completion of the
			 production work in Oregon, financial and other records sufficient to verify
			 that the production satisfied the expenditure requirement for
			 reimbursement.
(b) Authorization
			 for the OFVO to deduct from the reimbursement the costs reasonably incurred by
			 the OFVO in verifying the production expenditures in Oregon, including but not
			 limited to, the costs incurred by OFVO in obtaining an outside accounting
			 review, audit, or both, of the financial and other records evidencing the
			 expenditures. The OFVO will usually submit the expenditure documentation to an
			 outside accounting firm for a review after the OFVO has completed its review.
			 Based on the advice of the outside accounting firm, the OFVO may require an
			 audit of the production's financial records.
(c) OFVO's obligation to make any
			 reimbursement of expenses is conditioned on (i) availability of funds in the
			 L-OPIF to pay for the requested reimbursement and (ii) compliance by the local
			 filmmaker or local media production services company with the terms of the
			 contract and satisfactory verification of production spending in Oregon of at
			 least US $75,000.
(d) The local
			 filmmaker or local media production services company must provide to OFVO
			 vendor lists with final accounting.
(e) The local filmmaker or local media
			 production services company must provide promotional materials (such as photos,
			 trailers, and electronic press kits) to OFVO. OFVO may use such materials
			 strictly for its own archival, governmental relations and marketing purposes.
			 OFVO shall not grant usage to any other entity or charge for any such usage and
			 shall request additional permission prior to any use other than those listed.
			 OFVO understands that talent contracts may prohibit use of actors' images
			 without express permission and agrees to abide by such limitations when advised
			 in writing of said limitations.
(f)
			 A minimum of 80 percent of the production's employees and independent
			 contractors must be residents of Oregon. Background performers may not be
			 counted toward meeting this requirement.
(g) The local filmmaker or local media
			 production services company must provide the final crew list along with proof
			 of residency for each crew member. Proof of residency may include an Oregon
			 driver's license, or other legal documents approved by the Director of the
			 OFVO, or may be provided through a payroll report that shows state of
			 residency.
(h) The local filmmaker
			 or local media production services company must employ or contract with a
			 public accountant certified under ORS 673.040 for the provision of payroll
			 services.
(i) The local filmmaker
			 or local media production services company must provide OFVO proof of
			 completion of the production in the form of a rough cut of the
			 film/television/media production, or submission of a selection of dailies,
			 either of which will demonstrate original script synopsis. Other proof of
			 completion is subject to approval of the OFVO.
(j) The local filmmaker or local media
			 production services company must provide a list, if utilized, of interns and
			 the academic institutions, including contact information, from which such
			 interns are receiving academic credit.
(k) Productions receiving rebates will
			 include the approved "Oregon Film" logo and/or the "Oregon Made" logo in the
			 final end crawl or packaging of the project wherever allowed by Filmmaker's
			 contracts with its clients.
(l)
			 Productions receiving rebates are required to have a written diversity, equity
			 and inclusion policy to hire or contract with individuals from underrepresented
			 groups as of the date on which the company submits an application for
			 reimbursement. In accordance with that written policy, each company must
			 actively engage in good faith efforts to hire or contract with individuals from
			 underrepresented groups for the production. This written policy needs to be
			 submitted during the application process and then adhered to during the hiring,
			 prep and production periods.
(m)
			 Productions receiving rebates are required to report diversity statistics for
			 all employee hiring related to the production to OFVO during or after
			 completion of the production.
(n)
			 Productions receiving rebates are required to have a written process for
			 addressing claims of harassment, discrimination and other misconduct related to
			 the production (including, but not limited to, procedures for reporting and
			 investigating harassment claims, a phone number for an individual who will be
			 responsible for receiving harassment claims, and a statement that the company
			 will not retaliate against an individual who reports harassment). This needs to
			 be a specific "process" by which complaints and reports can be made and then
			 followed up on in some form.