Oregon Administrative Rules › Chapter 951 - OREGON FILM AND VIDEO OFFICE › Division 2 - OREGON PRODUCTION INVESTMENT FUND PRODUCTION SPENDING REBATES (OPIF) › Section 951-002-0020 - 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 whether the OFVO determined the production eligible, rebates from
			 the Oregon Production Investment Fund will only be paid pursuant to and upon
			 the terms and conditions of a contract entered into between the OFVO and
			 producer pursuant to OAR 951-002-0010(4). If no contract is entered into, no
			 rebates will be paid. Amounts paid by the production to an individual or
			 company in excess of $1 million are excluded and ineligible for a
			 rebate.
(2) In addition to any
			 other terms and conditions that the OFVO considers necessary or desirable,
			 contracts for Oregon Production Investment Fund rebates will usually include
			 the following:
(a) A requirement that the
			 producer submit to the OFVO, after completion of the production work in Oregon,
			 financial and other records sufficient to verify that the production satisfied
			 the minimum expenditure requirement for a rebate.
(b) Authorization for the OFVO to deduct from
			 the rebate 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) Provisions
			 conditioning OFVO's obligation to pay the rebate on the producer's compliance
			 with the terms of the contract and satisfactory verification of production
			 spending in Oregon of at least US $1 million.
(d) Provisions conditioning OFVO's obligation
			 to pay the rebate on the production spending in Oregon after the date that OFVO
			 approves the production's eligibility, of at least US $1 million.
(e) Production to provide final crew and
			 vendor lists with final accounting.
(f) Production to provide promotional
			 materials (such as photos, trailers, electronic press kits) to OFVO. OFVO may
			 use such materials strictly for non profit purposes such as for archival,
			 governmental relations and marketing purposes. OFVO shall not grant usage to
			 any other entity 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
			 agreements when advised of the production company of said
			 limitations.
(g) 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.
(h) 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.
(i) 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.
(j) 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.