Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
THE ARC OF BERGEN AND PASSAIC COUNTIES INC
Employer identification number
22-1620254
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
13,682,713
14,559,956
15,468,963
14,762,290
14,624,109
73,098,031
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
13,682,713
14,559,956
15,468,963
14,762,290
14,624,109
73,098,031
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
73,098,031
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
13,682,713
14,559,956
15,468,963
14,762,290
14,624,109
73,098,031
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
91,686
76,818
116,266
327,514
278,007
890,291
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
2,329,832
1,939,741
1,564,828
1,382,149
1,059,371
8,275,921
11
Total support (Add lines 7 through 10).
82,264,243
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
8,275,921
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
88.860 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
88.540 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
THE ARC OF BERGEN AND PASSAIC COUNTIES INC
Employer identification number
22-1620254
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 4
THE ORGANIZATIONS BY LAWS WERE REVISED TO CLARIFY THE ROLES OF BOARD AND CORPORATE OFFICERS, REORGANIZE COMMITTEES, RESTRUCTURE BOARD TERMS AND ELECTIONS, CLARIFY ASSOCIATION MEMBERSHIP AND UPDATE LANGUAGE AND FORMATTING.
FORM 990, PART VI, SECTION A, LINE 6
MEMBERS OF THE BOARD OF TRUSTEES SERVE COLLECTIVELY AS THE GOVERNING BODY OF THE ORGANIZATION.
FORM 990, PART VI, SECTION A, LINE 7A
THE BOARD OF TRUSTEES SERVES AS THE GOVERNING BODY FOR THE ORGANIZATION. THE BOARD OF TRUSTEES ELECTS ITS OWN MEMBERS IN ACCORDANCE WITH THE BY LAWS OF THE ORGANIZATION WITH EXCEPTION OF THE PRESIDENT/CEO WHO IS A MEMBER OF THE BOARD BY VIRTUE OF HOLDING THE POSITION. THE PRESIDENT/CEO IS HIRED BY THE BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION B, LINE 11
THE ARC'S CHIEF FINANCIAL OFFICER WILL REVIEW THE FINAL PREPARED FORM 990 IN DETAIL WITH THE ARC'S FINANCE COMMITTEE PRIOR TO SUBMISSION TO THE IRS. THE FORM 990 ALONG WITH ANY RECOMMENDATIONS MADE BY THE FINANCE COMMITTEE WILL BE DISTRIBUTED TO ALL MEMBERS OF THE BOARD OF TRUSTEES VIA MEETING, MAIL, FAX OR E-MAIL PRIOR TO FILING WITH THE IRS. THE CHAIR OF THE FINANCE COMMITTEE WILL REVIEW THE FINAL FORM 990 WITH THE BOARD OF TRUSTEES AT THE NEXT REGULARLY SCHEDULED MEETING.
FORM 990, PART VI, SECTION B, LINE 12C
THE ARC'S CONFLICT OF INTEREST POLICY REQUIRES THAT BOARD MEMBERS AND COVERED ENTITIES (KEY EMPLOYEES) DISCLOSE ANY CONFLICT OR POTENTIAL CONFLICT WHICH ARISES IN THE COURSE OF CONDUCTING THE BUSINESS OF THE ORGANIZATION. DISCLOSURE IS REQUIRED BEFORE THE TRANSACTION IN QUESTION OCCURS. BOARD MEMBERS WITH AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST ARE PROHIBITED FROM PARTICIPATING IN DISCUSSION OR DELIBERATION ON ANY MATTER FROM WHICH A CONFLICT ARISES. BOARD MEMBERS ARE PROHIBITED FROM VOTING ON ANY MATTER IN WHICH THERE IS AN ACTUAL OR POTENTIAL CONFLICT OF INTEREST. ON AN ANNUAL BASIS EACH BOARD MEMBER AND COVERED INDIVIDUAL IS PROVIDED WITH A COPY OF THE CONFLICT OF INTEREST POLICY AND IS REQUIRED TO DISCLOSE IN WRITING ANY PROFESSIONAL, FINANCIAL AND PERSONAL AFFILIATIONS WHICH COULD ACTUALLY OR POTENTIALLY, POSE A CONFLICT OR THE APPEARANCE OF A CONFLICT OF INTEREST OR AFFECT HIS/HER DECISION MAKING CAPACITY IN RELATION TO HIS/HER ROLE WITH THE ARC. IN ADDITION THE ANNUAL DISCLOSURE FORM INCLUDES EACH TRUSTEE'S SIGNED AGREEMENT TO COMPLY WITH THE DISCLOSURE AND REPORTING REQUIREMENTS OF THE POLICY. IF A BOARD MEMBER OR COVERED INDIVIDUAL BECOMES AWARE OF A CONFLICT OF INTEREST AFTER THE FACT, HE OR SHE IS REQUIRED TO IMMEDIATELY DISCLOSE THE CONFLICT TO THE BOARD THROUGH THE CHAIR. THIS DISCLOSURE IS TO BE CLEARLY RECORDED IN THE MINUTES ALONG WITH THE RESULTING ACTION TAKEN. IF THERE IS REASON TO BELIEVE A BOARD MEMBER OR COVERED INDIVIDUAL HAS A CONFLICT OF INTEREST THAT HAS NOT BEEN DISCLOSED, ANY MEMBER BECOMING AWARE OF SUCH A CONFLICT IS TO IMMEDIATELY NOTIFY THE CHAIR OF THE BOARD WHO IS TASKED WITH INVESTIGATING THE POTENTIAL CONFLICT AND BRINGING THE RESULTS OF SAID INVESTIGATION TO THE FULL BOARD FOR APPROPRIATE ACTION. THE ANNUAL ACKNOWLEDGEMENT AND DISCLOSURE FORMS ARE FILED WITH THE CORPORATE SECRETARY. IN THE COURSE OF CONDUCTING THE BUSINESS OF THE ORGANIZATION, AS THE BOARD DELIBERATES THE APPOINTMENT OF NEW MEMBERS OR THE EXECUTION OR RENEWAL OF CONTRACTS, THE DISCLOSURE FORMS ARE REVIEWED TO ENSURE THERE IS NO PREVIOUSLY IDENTIFIED CONFLICT. IN ADDITION, IN ACCORDANCE WITH THE POLICY ANY MEMBER WHO DISCOVERS HE OR SHE HAS A CONFLICT OR EVEN THE APPEARANCE OF A CONFLICT IS REQUIRED TO DISCLOSE IT AT THAT TIME.
FORM 990, PART VI, SECTION B, LINE 15
THE BOARD OF TRUSTEES HAS ESTABLISHED A COMPENSATION COMMITTEE. THIS COMMITTEE CONSISTS OF BOARD MEMBERS APPOINTED BY THE CHAIR. THE COMMITTEE MAY, AT ITS DISCRETION ENGAGE THE SERVICES OF OUTSIDE RESOURCES SUCH AS ACCOUNTANTS, CONSULTANTS OR LEGAL COUNSEL TO ASSIST WITH ACQUIRING OR EVALUATING INFORMATION. IN ESTABLISHING EXECUTIVE COMPENSATION THE COMMITTEE TAKES INTO CONSIDERATION COMPARABLE DATA USING INDUSTRY BENCHMARKS SUCH AS PUBLISHED COMPENSATION SURVEYS FOR NOT FOR PROFITS, FORMS 990 FOR SIMILARLY SITUATED ORGANIZATIONS, DATA FROM OTHER ARC ORGANIZATIONS TO THE EXTENT IT IS AVAILABLE, SPECIFIC REQUIREMENTS OF THE POSITION IN RELATION TO THE ORGANIZATION AND EXPERIENCE, LENGTH OF SERVICE AND PERFORMANCE OF THE SPECIFIC EMPLOYEE. THE COMPENSATION COMMITTEE MAKES A RECOMMENDATION TO THE BOARD OF TRUSTEES FOR APPROVAL. ONCE INITIAL COMPENSATION HAS BEEN SET, EXECUTIVE STAFF RECEIVES INCREASES (COST OF LIVING, MERIT ADJUSTMENT OR BONUS) BY THE SAME FORMULA AS THE REST OF THE ORGANIZATION'S EMPLOYEES. SUCH INCREASE FORMULAS ARE SET BY THE BOARD OF TRUSTEES ON AN ANNUAL BASIS. ANY SUBSEQUENT ADJUSTMENT TO COMPENSATION OUTSIDE OF THE ANNUAL FORMULA SET BY THE BOARD MUST BE REFERRED TO THE COMPENSATION COMMITTEE FOR REVIEW AND THEN THE FULL BOARD FOR APPROVAL.
FORM 990, PART VI, SECTION C, LINE 19
THE ARC PROVIDES COPIES OF OUR ANNUAL AUDIT TO FUNDING, LICENSING AND REGULATORY BODIES AND COPIES ARE AVAILABLE TO THE GENERAL PUBLIC ON REQUEST. THE ARC'S ANNUAL REPORT IS PUBLISHED IN OUR NEWSLETTER WHICH IS DISTRIBUTED TO MEMBERS, FAMILIES, AND CONTRIBUTORS AND IT IS AVAILABLE TO THE GENERAL PUBLIC ON REQUEST. GOVERNING DOCUMENTS AND THE CONFLICT OF INTEREST POLICY ARE AVAILABLE AND ARE PROVIDED ON REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
KOHNER PLACE ASSOCIATES EXPENSES -55,209. UNREALIZED SWAP GAIN 11,775. TOTAL TO FORM 990, PART XI, LINE 5: -43,434.
FORM 990, PART XI, LINE 2C EXPLANATION
THE ORGANIZATION HAS A COMMITTEE THAT REVIEWS AND APPROVES THE FINANCIAL STATEMENTS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.