Or. Admin. Code § 951-002-0020 - Payment of rebates
(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.
(3) Payment of
OPIF reimbursements are subject to funds being available in the OPIF
program.
(4) OFVO makes a
recommendation on reimbursement to the Oregon Business Development Department
("OBDD") with the final decision made, and funds released by, OBDD.
Notes
Statutory/Other Authority: ORS 284.335 & 284.368
Statutes/Other Implemented: ORS 284.367 & 284.368
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