***PLEASE NOTE FCAP FUNDS ARE NOT AVAILABLE FOR THE REMAINDER OF FY17. If you have any questions contact Rochelle Bussey: email@example.com. ***
POLICY AND GUIDELINES – Exhibit C
PROCESS - FCAP CHECK LIST - FCAP PDF of GUIDELINES *PHASE ONE and PHASE TWO available via online PORTAL
FCAP - Phase ONE via Online PORTAL - during prep
- The company must create an online account (“user id” and “password”) through the online portal. CLICK HERE to register and create an online account. (Note: the portal works best with Chrome, Safari and Firefox. If the “user” has created an account with another project - we recommend that the “user” create a new online account with a new email address (i.e. create a production email).
- Once an online account is created, the company may start the process to fill out the FCAP Application Part I CLICK HERE to log-in.
- It is recommended that the company notify department heads / keys that the company is participating in FCAP.
- The company must complete and attach the following via the online portal:
- Complete the online FCAP Company Application Part I / Exhibit A;
- PDF of the company Federal W-9 form;
- PDF of the budget top sheet: (Note: there are additional requirements if the total budget is over $2M: through the online portal please provide a list (names and titles) of 8 NM residents employed in head / key level positions in a minimum of 6 different craft departments - these crewmembers are not required to be program participants or mentors. Please include their name and titles.);
- The company determines the estimate of the reimbursement per the Example Exhibit B (FYI - reimbursement will not exceed this amount – CLICK HERE for a PDF sample). The estimate is determined by adding the totals from the number of hours that will most likely be worked - times the average wage for each potential position then dividing the grand total by two (2) (i.e.: 600 hours X $14.00 average hourly rate = $8,400.00 / 2 = $4,200.00/FCAP reimbursement). Positions and totals will change once participants are approved and detailed earnings reports have been submitted. Note: it is better to add all potential positions that the company may fill for the estimate. To determine what positions qualify see the below:
- list of approved FCAP Job Titles list CLICK HERE;
- exceptions for positions not listed may be considered by the NMFO with a justification for the requested exception request before principal photography begins;
- please note crewmembers must be a resident in NM at least 1 year prior to employment
- The company will receive the FCAP agreement from NMFO and will need to email the signed PDF copy of the FCAP agreement for review and approval before principal photography commences.
- The company will receive a copy of the fully executed FCAP agreement and a purchase order document from NMFO upon final approval most often before the end of principal photography.
FCAP Phase Two via Online PORTAL - during principal photography
- Within the first week of principal photography, the company must email participating crewmembers the FCAP Participant Application / or if the crewmember is a NM veteran the FCAP OSS Participant Application.
- Once the FCAP Participant Application is completely filled out, signed/dated and all contact information for both the participant and mentor are included – the company must:
- enter the FCAP Participant Application information via the online portal (CLICK HERE to access the online portal);
- attach crewmembers resumes and FCAP applications to the portal;
- must verify that the crewmember has been a resident of NM for a least 1 year prior to employment
- the FCAP trainee job title must correspond with the FCAP Job Title list CLICK HERE:
- exceptions for positions not listed may be considered by the NMFO upon request;
- the company must submit a justification for the exception request during Phase I (before principal photography begins);
- the job title on the application is consistent with start paperwork, call sheets, crew lists and detailed earning reports
- attach the preliminary crew list and day one call sheet
- FCAP trainee applications will not be accepted after principal photography has ended.
- All contractual obligations with unions/guilds must be met by the company for applicants applying for FCAP job positions under that union or guild’s jurisdiction.
- The company may submit additional applications for new hires and crew who change position during principal photography. Note: NMFO will: a) send the company a list of questions and notes as to whether those submitted crewmembers; b) may schedule a set visit during production; and, c) shall email all participants and designated mentors notifying them of the receipt of the applications.
FCAP Phase Three - during NM wrap
- The company submits a call sheet from the last day of principal photography to NMFO.
- The company submits final crew list to NMFO.
- The company submits detailed earnings reports generated from the production’s payroll company for each approved participant.
- The company approves the final claim (submitted by NMFO):
- only wages from hours physically worked by participants apply towards the reimbursement, i.e. straight, time-and-a-half, double, golden, 6th and 7th day hours;
- hours and wages where participants did not physically work in their position do not qualify, i.e. benefits, fringes, kit rental, per diem, travel, holiday, meal penalties, idle time, forced time, mileage, etc.;
- hours worked out-of-state do not qualify;
Note: A company is typically reimbursed approximately 60-70% of the estimated agreement amount (Application Part II / Example Exhibit B).
- The company shall submit updated post-production contact information to NMFO. Note: The NMFO will a) email each participant acknowledgement of their participation in FCAP, which will be copied to their mentors; b) conduct an internal audit to ensure the amount of the reimbursement is correct; and, c) mail the check and a copy of the claim to the production company per the information submitted on the Federal W-9.
- The company must be a temporary film or television production company that was formed to produce one (1) film or multimedia product.
- The minimum total budget of the project must be $200,000.00 (two hundred thousand dollars).
- For qualifying projects that have a total budget over $2,000,000.00 (two million dollars) additional requirements, apply: eight (8) New Mexico residents must be employed in key standard level positions or higher-level positions in a minimum of six (6) different craft departments. These crewmembers are not required to be program participants or mentors.
- Post-production companies and digital production projects do not qualify for FCAP for physical production; however, if a company in these areas of specialty operates year-round and has full-time employees, contact the Job Training Incentive Program Manager at 505-827-0323 or visit the New Mexico Economic Development Department/JTIP webpage to determine if the company qualifies for JTIP under the manufacturing category. In addition post-production companies may qualify for FCAP for qualifying permanent emerging media companies, contact the Sr. Manager of Operations and Workforce Development Programs at 505-476-5604 or firstname.lastname@example.org.
- The NMFO will request FCAP participation is added to information provided by company for the NMFO website.
- The NMFO will request confirmation from production that all NM vendors with outstanding obligations have been paid prior to reimbursement.
- Applicants must be New Mexico residents who have resided in NM for 1 year prior to hire date.
- Applicants must be raising their film or television position to a higher classification or be adding a new skill set in the hired job position.
- Applicants must work in standard crew positions as listed in the FCAP Job Title list CLICK HERE and perform the job responsibilities associated with these job positions per industry standards. Exceptions for job positions not listed may be considered by the NMFO upon request. The company or applicant must include justification for this request prior to principal photography. Note: Additional positions available for NM veterans through FCAP Operation Soundstage (OSS).
- Applicants must have previous experience in the department for advanced positions.
- For applicants to qualify in an advanced position within a department, at least one crewmember must be employed in the job level directly under the FCAP participant. For instance, participants that will be working in the “Best Boy” position must have a third tier crew member consistently working in the department. Exceptions may be considered for certain crafts.
- Applicants are allowed to have a maximum of one (1) previous film or television credit in the hired position as defined by this program. Exceptions may be requested for those with two (2) credits depending on the complexity of the new job position and the total budget of the previous productions from which those credits were accrued. Note: A film or television credit for the purpose of this program is defined as work on a film or television production for more than (1) one week where the project was not a student film, an internship, an unpaid position, a documentary, a commercial or film where the budget was under $500,000 (five hundred thousand) and the production company did not participate in this program.
- Applicants must not have a film or television credit in a higher position within the department of employment. Exceptions may be made for participants who have worked on projects whose total budgets did not exceed two million dollars ($2,000,000.00) each and the project on which they would participate has a total budget that exceeds two million dollars ($2,000,000.00); and, the participant would be adding to their skill set.
- If the applicant has participated in FCAP previously and did not exceed the one thousand and forty (1040) hours available per position, the applicant, mentor or company representative may call the NMFO at 505-476-5604 to check on the number of available, unused hours (“open hours”) of a specific person in a specified job position. Note: The NMFO is not permitted to give out a list of previous program participants.
- If a crewmember has previous film or television credits that are more than five (5) years old in the hired position and they do not have a film or television credit in a higher position within that department, they may apply. (See number seven (7) for additional exceptions.)
- For positions that are under the jurisdiction of a film union or guild, the FCAP applicant must supply a copy of their membership card to the company. If they do not have a copy of their card or are an applicant of the union/guild, membership status will be verified through the union or guild by the NMFO.
- If the resume of an applicant or mentor is not available or additional information is needed, the union/guild, applicant, mentor and/or any other available individuals may be contacted by the NMFO in order to determine if the applicant qualifies as a training participant and therefore is certified as such by the NMFO.
PROGRAM INFORMATION FOR PARTICIPANTS
- There is a maximum of one thousand and forty (1040) hours for each person who qualifies in a specified position. As they work on a film or television project, the hours are deducted accordingly.
- Participants must work at least eighty (80) hours in their hired position in order to qualify.
- The hours of the qualifying participants only apply to their hired position as approved by the NMFO per their application.
- Participants cannot be mentors simultaneously on a production.
- The responsibilities for the qualifying position must meet the industry standards.
- No more than two (2) crewmembers may participate in the FCAP per department. Exceptions may be made upon approval by the NMFO if, for example, a department has more than ten (10) crewmembers or a company is based in a rural location. Note: additional positions are available for NM veterans through FCAP Operation Soundstage (OSS).
- In departments where a crewmember participates in FCAP, only one (1) crewmember may have the title of and work in the capacity of the following job positions: Supervisor, Head, Key and Best. (This does not apply to multi-unit or multi-camera situations.)
- The qualifying participant’s hourly pay rate must be consistent with their job position per their contract or deal memo with the company. In addition, the participant’s pay rate must be higher in comparison to the job positions in the lower tier within that department. Union/guild contract agreements with the company may be referenced when applicable.
- Participants may qualify for an additional one thousand and forty (1040) hours if the training received through this program is used to progress from their current job to a higher job classification or to move laterally into a new skill set and the individual meets program qualifications.
- Participants may apply any unused hours to future on-the-job training work opportunities in the specified job position until the one thousand and forty (1040) hours are exhausted. (Unused hours are also referred to as having “open hours” in the job position.)
- Unused training hours in a lower level position are forfeited once a trainee moves to a higher level within that skill set and that department.
- If only one (1) additional film or television credit is obtained after opening hours in the qualified position, and the company or applicant did not participate in the program during this previous production, and the participant still does not have a higher film or television credit in that department, then the participant may still take part in the program with the condition that up to three hundred (300) hours are subtracted from the current number of available hours.
- Participants and their mentors are recommended to be safety certified.
- Mentors must be certified as qualified mentors by the NMFO.
- New Mexico residents are preferred as mentors.
- Mentors cannot be participants simultaneously during the production. In the case where the supervisor of a participant is also in the program, an additional “go-to” person, upon their agreement, must be listed as the mentor.
- A mentor must work in the same or directly related department as their participant (trainee) and have previous experience in their participant’s position of employment. Exceptions may be considered by the NMFO. Approval will be based on the benefit to the participant as it relates to their job position.
- Any requests for mentors who are not NM residents shall be considered by the NMFO.
OPERATION SOUND STAGE (OSS) – ADDITIONAL POSITIONS AVAILABLE FOR NEW MEXICO VETERANS
OSS is a program for New Mexico military veteran and reserve component members interested in transitioning into the film/TV industry. OSS is administered through the FCAP for physical production policy and guidelines. OSS provides additional on-the-job training for entry-level positions including Directors PA and Producers PA. Please contact Sr. Manager of Operations and Workforce Development Programs at 505-476-5604 or email@example.com for more information. Please note, OSS applicants require a different FCAP participant application.
- Company must submit the FCAP trainee applications through the online portal using their user id and password. Copies of the OSS FCAP Application and resumes must be completed by crewmembers and attached to the online portal within the first week of principal photography.
- FCAP/OSS trainee applications will not be accepted after principal photography has ended.
In addition to FCAP PARTICIPANT QUALIFICATIONS
- OSS will allow for assistants to Producers or Directors assistants as approved FCAP positions for qualifying resident veterans.
- No more than two (2) crewmembers may participate in the FCAP per department. Exceptions may be made upon approval by the NMFO if, for example, if a department has more than ten (10) crewmembers, a company is based in a rural location, or if that PA or Clerk is a resident veteran (this means the production can have more than two PA’s in the five available departments: Locations, Casting, Office, Set and Accounting).