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
TAMPA BAY PERFORMING ARTS CENTER INC
Employer identification number
59-2037085
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.") ....
6,472,178
4,465,616
5,333,850
5,667,935
7,314,068
29,253,647
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..
6,472,178
4,465,616
5,333,850
5,667,935
7,314,068
29,253,647
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)..
8,517,294
6
Public Support. Subtract line 5 from line 4.
20,736,353
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..
6,472,178
4,465,616
5,333,850
5,667,935
7,314,068
29,253,647
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
601,686
574,161
284,773
170,822
112,200
1,743,642
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..
224,021
141,703
381,223
200,289
206,621
1,153,857
11
Total support (Add lines 7 through 10).
32,151,146
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
113,155,829
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
64.500 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
67.950 %
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
TAMPA BAY PERFORMING ARTS CENTER INC
Employer identification number
59-2037085
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
MARTIN SILBIGER, CHAIRMAN OF THE BOARD, IS THE FATHER-IN-LAW OF BEN GUZZLE, A TRUSTEE. HINKS SHIMBERG, TRUSTEE, IS FATHER TO KASEY SHIMBERG KELLY, A TRUSTEE. FRANK MORSANI, TRUSTEE, IS FATHER TO LEANN ROWE, A TRUSTEE.
FORM 990, PART VI, SECTION B, LINE 11
BEFORE THE FORM 990 IS FILED FOR THE CENTER, IT WILL BE REVIEWED BY THE CENTER'S FINANCE AND AUDIT COMMITTEES AT A SPECIAL DEDICATED MEETING WITH A HIGHLIGHTED REVIEW OF THE FORM SECTION BY SECTION BEING DONE WITH CONTROLLER, CFO AND CEO AS APPLICABLE. AFTER THE FINANCE AND AUDIT COMMITTEES HAVE REVIEWED THE FORM, THE COMMITTEES WILL PROVIDE: (1) A SUMMARY OF THE HIGHLIGHTED REVIEW OF THE FORM 990 SECTION BY SECTION, ALONG WITH (2) A FINAL DRAFT OF THE PERSPECTIVE FORM 990 FOR THE YEAR BEING FILED TO ALL BOARD MEMBERS WHO HAVE VOTING PRIVILEGES AND (3) A RECOMMENDATION FOR MOTION FOR APPROVAL FOR THE FORM 990 TO BE FILED AS BEING REPRESENTED IN FINAL DRAFT FORM. -THIS WILL BE DONE VIA A PROTECTED BOARD PORTAL WEBSITE FOR WHICH PASSWORDS WILL BE GIVEN FOR PROTECTED ACCESS. -BOARD MEMBERS WILL HAVE THE OPPORTUNITY TO SEND IN QUESTIONS AND/OR SEND IN THEIR RESPECTIVE APPROVALS. -THE FINANCE AND AUDIT COMMITTEES WILL ACCEPT AND RESPOND TO ANY QUESTIONS RAISED BY BOARD MEMBERS. AS PART OF THE SUBMITTED FORM 990 PRESENTATION TO THE BOARD, THE FINANCE AND AUDIT COMMITTEES WILL ALSO, BASED ON THEIR REVIEW OF THE FORM, MAKE NECESSARY RECOMMENDATIONS TO THE BOARD REGARDING GOVERNANCE, POLICIES, DISCLOSURE, ETC.
FORM 990, PART VI, SECTION B, LINE 12C
BOARD MEMBERS AND EXECUTIVE STAFF (CEO, CFO, COO AND VICE PRESIDENTS) ON AN ANNUAL BASIS ARE REQUIRED TO: 1) READ THE CONFLICT OF INTEREST AND CONFIDENTIALITY POLICY 2) SIGN OFF ON ACKNOWLEDGMENT THAT POLICY HAS BEEN READ AND RECEIVED 3) COMPLETE A CONFLICT OF INTEREST DISCLOSURE FORM. CFO REVIEWS THE COMPLETED ANNUAL CONFLICT OF INTEREST DISCLOSURE FORMS. ANY CONCERNS ON CONFLICTS ARE RAISED TO THE CEO, VP OF DEVELOPMENT (STAFF LIAISON TO THE BOARD GOVERNANCE COMMITTEE) AND THE BOARD GOVERNANCE COMMITTEE AS APPLICABLE. IF ANY BOARD MEMBER OR EXECUTIVE STAFF DOES NOT COMPLETE THE RELATED ANNUAL FORMS, THE VP OF DEVELOPMENT OR CFO WILL ADDRESS ACCORDINGLY. IF THERE IS ANY QUESTION ON CONFLICT, THE RELATED BOARD MEMBER OR KEY EXECUTIVE STAFF MEMBER IS REQUIRED TO DISCLOSE AND REMOVE HIMSELF OR HERSELF FROM VOTING ON A PARTICULAR MATTER, DECLINE PARTICIPATION IN A CONFLICTING BID FOR RELATED BUSINESS WITH THE ORGANIZATION OR NOT APPLY FOR EMPLOYMENT AS A STAFF POSITION IF IT DETERMINED THERE IS AN ACTUAL CONFLICT.
FORM 990, PART VI, SECTION B, LINE 15
THE COMPENSATION AND BENEFITS COMMITTEE (THE "COMMITTEE") HAS AUTHORITY TO NEGOTIATE THE CEO COMPENSATION WITH APPROVAL BY THE EXECUTIVE COMMITTEE AND RATIFICATION BY BOARD OF TRUSTEES. THE COMPENSATION OF THE CEO'S DIRECT REPORTS IS ESTABLISHED BY THE CEO AND REVIEWED WITH THE COMMITTEE ON BEHALF OF THE BOARD OF TRUSTEES. THE COMMITTEE MAY ENGAGE AN INDEPENDENT CONSULTING FIRM, WHO WILL WORK FOR THE COMMITTEE TO EVALUATE THE ORGANIZATION'S EXECUTIVE COMPENSATION PROGRAM AGAINST THE COMPETITIVE MARKET ON AN ANNUAL OR AS NEEDED BASIS. THE EVALUATION IS INTENDED TO ENSURE THAT THE COMPENSATION PROGRAM FALLS WITHIN A REASONABLE RANGE OF COMPETITIVE PRACTICES FOR COMPARABLE POSITIONS AMONG SIMILARLY SITUATED ORGANIZATIONS. FOLLOWING THIS REVIEW, THE COMMITTEE REVIEWS AND APPROVES, FOR SELECTED KEY EXECUTIVES, BASE SALARIES AND ANNUAL INCENTIVE OPPORTUNITY ADJUSTMENTS, AND OBJECTIVES AND GOALS FOR THE UPCOMING YEAR'S ANNUAL INCENTIVE PLAN FOR SELECTED KEY EXECUTIVES. FOR CEO COMPENSATION, THE COMMITTEE MEETS INDEPENDENT OF THE CEO TO DISCUSS PERFORMANCE RELATIVE TO THE POSITION DESCRIPTION AS PER TBPAC'S CEO JOB PERFORMANCE AND EVALUATION MODEL. DURING THESE DELIBERATIONS, THE COMMITTEE MAY CONSIDER INPUT FROM OTHER BOARD MEMBERS, STAFF, PROFESSIONAL ADVISORS, GRANT-RECIPIENTS AND OTHER INFORMED COMMUNITY LEADERS. ONCE A CONSENSUS IS REACHED REGARDING PERFORMANCE, A SIMILAR DISCUSSION IS HELD CONCERNING COMPENSATION RELATIVE TO ANNUAL BENCHMARKS AND ESTALISHED OBJECTIVES. THE COMMITTEE PRESENTS ITS FINDINGS AND RECOMMENDATION, IN AN EXECUTIVE SESSION WITHOUT THE CEO PRESENT. THE COMMITTEE CHAIR AND/OR BOARD CHAIR (A MEMBER OF THE COMMITTEE) THEN MEET WITH THE CEO TO DISCUSS AND DOCUMENT STRENGTHS, WEAKNESSES, AND GOALS FOR THE UPCOMING YEAR. COMPENSATION FOR THE UPCOMING YEAR IS ALSO DISCUSSED AND DOCUMENTED.
FORM 990, PART VI, SECTION C, LINE 19
TAMPA BAY PERFORMING ARTS CENTER MAKES ITS GOVERNING DOCUMENTS AND ITS CONFLICT OF INTEREST POLICY AVAILABLE UPON SPECIFIC REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
DONATED SERVICES AND USE OF FACILITIES: -1,371,086. SCHOLARSHIPS TO PATEL STUDENTS 219,761. TOTAL TO FORM 990, PART XI, LINE 5: -1,151,325.
ORGANIZATION'S MISSION:
FORM 990, PART III, LINE 1
THE TAX EXEMPT PURPOSE OF THE TAMPA BAY PERFORMING ARTS CENTER IS: (A) TO PROMOTE INTEREST IN THE STUDY, CREATION AND DEVELOPMENT OF THE PERFORMING ARTS AND NEW ARTISTIC WORKS; (B) TO ADVANCE THE KNOWLEDGE AND APPRECIATION OF THE GENERAL PUBLIC LOCALLY, NATIONALLY AND INTERNATIONALLY OF THE PERFORMING ARTS, SPECIFICALLY DRAMA, MUSIC AND DANCE; (C) TO PROVIDE AND SUPPORT FACILITIES FOR THE EDUCATION OF THE GENERAL PUBLIC IN THE PERFORMING ARTS AND FOR THE PERFORMANCE OF ARTS, DRAMA, DANCE AND MUSIC EVENTS; (D) TO LESSEN THE BURDENS OF GOVERNMENT BY COMBATING COMMUNITY DETERIORATION BY FOSTERING THE DEVELOPMENT IN THE CITY OF TAMPA, THE COUNTY OF HILLSBOROUGH AND THE TAMPA BAY AREA OF AN APPRECIATION OF THE PERFORMING ARTS BY SPONSORING CULTURAL PRESENTATION, SUCH AS PLAYS, MUSICALS AND CONCERTS FOR THE GENERAL PUBLIC; (E) TO EDUCATE THE GENERAL PUBLIC OF THE TAMPA BAY AREA AND BEYOND BY PROVIDING AND ADVANCING THE KNOWLEDGE AND APPRECIATION OF THE CULTURAL ASPECTS OF LIFE SUCH AS DRAMA, MUSIC AND DANCE; (F) TO AROUSE AND GIVE DIRECTION TO THE CULTURAL LIFE OF THE TAMPA BAY AREA AND BEYOND THROUGH THE PROMOTION OF THE PERFORMING ARTS; (G) TO ENCOURAGE AND PROMOTE THE PERFORMING ARTS, ALONG WITH THE CREATION AND DEVELOPMENT OF NEW PRODUCTIONS; PROVIDED, HOWEVER, THAT THIS ORGANIZATION SHALL NOT DIRECTLY OR INDIRECTLY BENEFIT PRIVATE INDIVIDUALS BUT SHALL BE DEDICATED TO THE ENHANCEMENT OF THE PERFORMING ARTS IN THE CITY OF TAMPA, COUNTY OF HILLSBOROUGH, NATIONALLY AND INTERNATIONALLY; (H) TO SPECIFICALLY ENGAGE IN THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A PERFORMING ARTS CENTER TO BE UTILIZED EXCLUSIVELY FOR THE PRESENTATION OF CULTURAL ARTISTIC PERFORMANCES AND EVENTS, EDUCATION OF THE PUBLIC ON THE PERFORMING ARTS, AND OTHER ENDEAVORS THAT ENHANCE THE CULTURE AND QUALITY OF LIFE OF THE GENERAL PUBLIC OF THE CITY OF TAMPA, COUNTY OF HILLSBOROUGH AND BEYOND. TO SUPPORT THE ABOVE EXEMPT PURPOSE, THE ORGANIZATION'S MISSION STATEMENT AND OPERATING PRINCIPLES AS APPROVED BY THE BOARD OF TRUSTEES IS AS FOLLOWS: THE TAMPA BAY PERFORMING ARTS CENTER'S OPERATING PRINCIPLES PROVIDE A FRAMEWORK FROM WHICH THE CENTER MAKES DECISIONS ON A DAY-TO-DAY BASIS. THEY SERVE AS THE "OPERATING INTERPRETATION" OF THE MISSION. IN CARRYING OUT THE MISSION OF THE TAMPA BAY PERFORMING ARTS CENTER, WE WILL: - MAKE THE PERFORMING ARTS AVAILABLE AND ACCESSIBLE, EMPHASIZING DIVERSITY AND QUALITY - OPEN OUR FACILITY TO LOCAL PERFORMING ARTS GROUPS AND ARTISTS AS PART OF OUR ROLE IN ADVANCING THE ARTS IN OUR COMMUNITY - EDUCATE AND DEVELOP PERFORMING ARTS GROUPS AND ARTISTS AS PART OF OUR ROLE IN ADVANCING THE ARTS IN OUR COMMUNITY - PROVIDE LEADERSHIP AND SUPPORT TO THE CULTURAL DEVELOPMENT EFFORTS OF THE TAMPA BAY REGION INCLUDING ASSISTANCE TO COMMUNITY INITIATIVES - ENSURE OUR FINANCIAL STABILITY AND OPERATIONAL EFFICIENCY - ENGAGE OUR STAFF, BOARD, VOLUNTEERS AND OTHER SUPPORTERS OF THE CENTER AS ACTIVE PARTICIPANTS TO ADVANCE THE MISSION AND PRIORITIES OF THE ORGANIZATION
JOINT VENTURE POLICY
FORM 990, PART VI, SECTION B, LINE 16A
1. GENERAL POLICY TAMPA BAY PERFORMING ARTS CENTER, INC. ("TBPAC") SHALL REVIEW AND EVALUATE ITS INVESTMENT IN, CONTRIBUTION OF ASSETS TO, AND PARTICIPATION IN JOINT VENTURES (AS DEFINED BELOW) AND TAKE STEPS TO SAFEGUARD ITS EXEMPT STATUS WITH RESPECT TO THEM. TBPAC SHALL NEGOTIATE INTO THE AGREEMENT COVERING EACH JOINT VENTURE SUCH TERMS AND SAFEGUARDS AS NEEDED TO ENSURE THAT ITS EXEMPT STATUS IS PROTECTED AND THAT ITS PARTICIPATION IN THE JOINT VENTURE WILL PROVIDE A BENEFIT TO THE COMMUNITIES SERVED BY TBPAC. TBPAC SHALL SAFEGUARD ITS EXEMPT STATUS BY MAINTAINING CONTROL THAT IS SUFFICIENT TO ENSURE THAT THE JOINT VENTURE FURTHERS ITS EXEMPT PURPOSE; BY PROVIDING THAT THE JOINT VENTURE GIVES PRIORITY TO EXEMPT PURPOSES OVER MAXIMIZING PROFITS FOR THE OTHER PARTICIPANTS IN THE VENTURE; BY PROVIDING THAT ALLOCATIONS AND DISTRIBUTIONS AND RETURN OF CAPITAL BE MADE IN PROPORTION TO EACH JOINT VENTURE PARTICIPANT'S OWNERSHIP INTEREST; BY PROVIDING THAT THE JOINT VENTURE NOT ENGAGE IN ACTIVITIES THAT ALL CONTRACTS ENTERED INTO WITH TBPAC OR A RELATED ORGANIZATION BE ON TERMS THAT ARE COMMERCIALLY REASONABLE AND ARM'S LENGTH TO TBPAC AND ITS RELATED ORGANIZATIONS. 2. DEFINITION THE TERM "JOINT VENTURE" MEANS ANY JOINT OWNERSHIP OR CONTRACTUAL ARRANGEMENT WITH ONE OR MORE TAXABLE PERSONS OR ENTITIES THROUGH WHICH THERE IS AN AGREEMENT TO JOINTLY UNDERTAKE A SPECIFIC BUSINESS ENTERPRISE, INVESTMENT OR EXEMPT PURPOSE ACTIVITY WITHOUT REGARD TO: A) WHETHER TBPAC OR A RELATED ORGANIZATION CONTROLS THE VENTURE OR ARRANGEMENT; B) THE LEGAL STRUCTURE OF THE VENTURE OR ARRANGEMENT; OR C) WHETHER THE VENTURE OR ARRANGEMENT IS TAXED AS A PARTNERSHIP OR AS AN ASSOCIATION OR CORPORATION FOR FEDERAL INCOME TAX PURPOSES. NOTWITHSTANDING THE FOREGOING, THE TERM "JOINT VENTURE" DOES NOT INCLUDE ANY ARRANGEMENT OF WHICH THE PRIMARY PURPOSE OF THE ORGANIZATION'S CONTRIBUTION TO OR INVESTMENT OR PARTICIPATION IN THE VENTURE OR ARRANGEMENT IS THE PRODUCTION OF INCOME OR APPRECIATION OF PROPERTY AND 95% OF THE INCOME FROM THE ARRANGEMENT IS DESCRIBED IN INTERNAL REVENUE CODE SECTION 512(B)(1)-(5) (E.G., DIVIDENDS, CERTAIN RENTS AND INTEREST PAYMENTS FROM NONCONTROLLED ENTITIES, ROYALTIES AND GAINS OR LOSSES FROM THE SALE OF CAPITAL ASSETS), INCLUDING UNRELATED DEBT-FINANCED INCOME. 3. PROCEDURE FOR EVALUATION LEGAL COUNSEL SHALL REVIEW ALL PROPOSED JOINT VENTURES TO ENSURE COMPLIANCE IN THE FOLLOWING AREAS: A) TAX EXEMPTION AND INTERMEDIATE SANCTION RULES; B) UNRELATED BUSINESS INCOME TAXES AND REPORTING; C) TAX-EXEMPT BOND RULE COMPLIANCE. THE FINANCE COMMITTEE SHALL REVIEW AND EVALUATE, WITH ANY OTHER APPROPRIATE BOARD COMMITTEE AS DEEMED NECESSARY, EACH JOINT VENTURE TO ENSURE THAT PARTICIPATION COMPLIES WITH THIS POLICY AND MAKE RECOMMENDATIONS REGARDING PARTICIPATION IN THE JOINT VENTURE OR SIMILAR ARRANGEMENT TO THE EXECUTIVE COMMITTEE OF THE TBPAC BOARD OF TRUSTEES. NO BOARD MEMBER OR COMMITTEE MEMBER HAVING A CONFLICT OF INTEREST AS DEFINED IN THE TBPAC CONFLICTS OF INTEREST POLICY SHALL PARTICIPATE IN EVALUATING ANY JOINT VENTURE OR SIMILAR ARRANGEMENT.
TIME SPENT WORKING FOR A RELATED ORGANIZATION
FORM 990, PART VII
THE FOLLOWING INDIVIDUALS SPENT TIME WORKING FOR THE TAMPA BAY PERFORMING ARTS CENTER FOUNDATION, A RELATED ORGANIZATION: HELEN KERR 1 HR/WK JUDITH LISI 8 HRS/WK SANDY MACKINNON 1 HR/WK GENE MARSHALL 1 HR/WK FRANK L. MORSANI 1 HR/WK HINKS SHIMBERG 1 HR/WK MARTIN SILBIGER 1 HR/WK SUSAN SYKES 1 HR/WK MICHAEL E. URETTE 1 HR/WK DON WALLACE 1 HR/WK BILL WEST 1 HR/WK MARY BETH ROSSI 8 HRS/WK LORRIN SHEPARD 8 HRS/WK
LONG TERM INVESTMENT
WONDERLAND PROJECT LONG TERM INVESTMENTS IN THE 2009 FORM 990 INCLUDED $2.7 MILLION OF PRE-PRODUCTION COSTS FOR A STRAZ CENTER PRODUCTION (WONDERLAND) WHICH WAS STARTED IN TAMPA IN 2009 AND TAKEN TO BROADWAY IN APRIL 2011. THESE PRE-PRODUCTION COSTS WERE RECORDED TO LONG TERM INVESTMENTS AND WERE USED AS AN AGGREGATE INVESTMENT CREDIT ASSIGNED IN AUGUST 2010 TO THE NON-RELATED PRODUCTION COMPANY (RABIT HOLE PRODUCTIONS LLC, "RHP") FORMED TO TAKE WONDERLAND TO BROADWAY. IN ITS FISCAL YEAR ENDED SEPTEMBER 30, 2010, THE CENTER ESTABLISHED TWO LIMITED LIABILITY COMPANIES (LLC), BROADWAY GENESIS LLC AND WONDERLAND LLC, IN SUPPORT OF ITS MISSION AND LONG-TERM STRATEGIC INITIATIVE OF CREATING AND PRODUCING MAJOR THEATRICAL PRODUCTIONS FOR NATIONAL AND INTERNATIONAL TOURING PURPOSES. THESE ENTITIES ARE CONSIDERED SINGLE MEMBER LLCS AND ARE DISREGARDED FOR TAX PURPOSES. BROADWAY GENESIS LLC SERVES AS THE MANAGEMENT COMPANY INTENDED TO OWN AND POTENTIALLY LICENSE THE RESPECTIVE RIGHTS FOR RESPECTIVE THEATRICAL PRODUCTIONS AND MANAGE AND GOVERN THE CORPORATE OVERSIGHT OF THE SPECIFIC PRODUCTION LLCS. WONDERLAND LLC IS THE FIRST SPECIFIC PRODUCTION LLC WHOSE PURPOSE IS TO SUPPORT AND HELP MANAGE THE ORGANIZATION'S INVESTMENT IN THE COMMERCIAL BROADWAY PRODUCTION "WONDERLAND" THROUGH A NON-RELATED COMMERCIAL COMPANY, RABBIT HOLE PRODUCTIONS LLC, FOR WHICH THE COMPANY HAS A GENERAL PARTNERSHIP INVESTMENT RECORDED IN OTHER LONG TERM INVESTMENTS IN THE 2009 FORM 990. IN ITS FISCAL YEAR ENDED SEPTEMBER 30, 2011, THE CENTER CLOSED DOWN ITS BROADWAY PRODUCTION OF WONDERLAND DUE TO LOW TICKET SALES AND PROJECTED CONTINUOUS NEGATIVE CASH FLOW. MANAGEMENT WILL CONTINUE TO HOLD WONDERLAND LLC AS AN ACTIVE LEGAL ENTITY TO ALLOW FOR POTENTIAL TOURING AND LICENSING ARRANGEMENTS. THE ORGANIZATION RECOGNIZED A NON-OPERATING EXPENSE DURING THE YEAR ENDED SEPTEMBER 30, 2011 IN THE AMOUNT OF $6,030,036 RELATED TO THE "WONDERLAND" PRODUCTION. SUCH LOSS INCLUDED THE CENTER'S (A) DEVELOPMENT AND INVESTMENT CREDIT IN RHP LLC FOR ITS BROADWAY PRODUCTION OF "WONDERLAND," THE MUSICAL AND (B) THE RELATED PROMISSORY NOTE RECEIVABLE, IN THE AMOUNT OF $4,700,002 AND $1,330,034, RESPECTIVELY. THE INVESTMENT ASSET WAS RECORDED IN OTHER LONG TERM INVESTMENTS AT SEPTEMBER 30, 2010. THE PROMISSORY NOTE WAS ISSUED DURING THE FISCAL YEAR ENDING SEPTEMBER 30, 2011. MANAGEMENT IS CONSIDERING THE INVESTMENT ASSET NO LONGER PRODUCTIVE AND HAS DETERMINED THAT THE NOTE RECEIVABLE IS UNCOLLECTIBLE AS OF SEPTEMBER 30, 2011.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.