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
Universal Citation: OR Admin Rules 951-006-0020
Current through Register Vol. 63, No. 9, September 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.
(3) Payment of L-OPIF reimbursements are subject to funds being available for the L-OPIF program.
Statutory/Other Authority: ORS 284.335 & 284.368
Statutes/Other Implemented: ORS 284.368
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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