Or. Admin. R. 951-006-0020

Current through Register Vol. 63, No. 8, August 1, 2024

Section 951-006-0020 - Payment of Rebates

(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.

(3) Payment of L-OPIF reimbursements are subject to funds being available for the L-OPIF program.

Or. Admin. R. 951-006-0020

FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10; FVO 1-2016, f. & cert. ef. 6/21/2016; FVO 1-2021, amend filed 09/27/2021, effective 9/27/2021; FVO 1-2022, amend filed 03/28/2022, effective 3/28/2022

Statutory/Other Authority: ORS 284.335 & 284.368

Statutes/Other Implemented: ORS 284.368