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
2011
Open to Public Inspection
Name of the organization
AQUARIUM OF THE PACIFIC CORPORATION
Employer identification number
33-0532354
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
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..
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.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
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..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
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
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
10,867,149
5,879,364
2,902,551
4,524,641
4,590,444
28,764,149
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......
24,261,402
24,202,649
24,790,193
23,207,314
23,782,516
120,244,074
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
405,289
1,075,190
1,076,190
1,400,397
1,374,613
5,331,679
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
35,533,840
31,157,203
28,768,934
29,132,352
29,747,573
154,339,902
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
2,572,140
86,500
54,425
239,600
205,801
3,158,466
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.
5,217,342
5,217,342
c
Add lines 7a and 7b..
7,789,482
86,500
54,425
239,600
205,801
8,375,808
8
Public Support (Subtract line 7c from line 6.)
145,964,094
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(f) Total
9
Amounts from line 6...
35,533,840
31,157,203
28,768,934
29,132,352
29,747,573
154,339,902
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
346,630
324,241
302,869
359,455
252,984
1,586,179
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
346,630
324,241
302,869
359,455
252,984
1,586,179
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
0
13
Total support (Add lines 9, 10c, 11 and 12.).
35,880,470
31,481,444
29,071,803
29,491,807
30,000,557
155,926,081
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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
93.610 %
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
93.450 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
1.020 %
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
1.050 %
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2011
Additional Data
Software ID:
11000144
Software Version:
2011v1.2
-
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
2011
Open to Public Inspection
Name of the organization
AQUARIUM OF THE PACIFIC CORPORATION
Employer identification number
33-0532354
Identifier
Return Reference
Explanation
Organization's Mission Part I Line 1
Opened in 1998 and located on the urban waterfront in Long Beach, California, the Aquarium of the Pacific is now the third most visited cultural institution in the Los Angeles region and fourth largest aquarium in the nation - in 2011, the Aquarium hosted over 1.4 million visitors. The 171,000 square foot campus houses over 11,000 animal inhabitants of the Pacific Ocean, which provide the foundation for all Aquarium activities and serve as ambassadors for their animal counterparts in the wild. According to the 2011 Morey Report, the Aquarium serves one of the most ethnically diverse audience of any major Aquarium in the country: visitors are 62% Caucasian (compared to the 77% national benchmark average for Aquariums), 26% Hispanic, 5% African American, 7% Asian, and 1% other.The Aquarium's mission is to instill a sense of wonder, respect and stewardship for the Pacific Ocean, its inhabitants and ecosystems, by involving the community, the region, and the nation in engaging, educational, and empowering exhibits and programs. Our Vision is to create an aquarium dedicated to conserving and building Natural Capital (Nature and Natures services) by building Social Capital (the interactions between and among peoples).The Aquarium has redefined the modern aquarium. It is a community gathering place where diverse cultures and the arts are celebrated and a place where important topics facing our planet and our ocean are explored by scientists, policy-makers, and stakeholders. Constantly in search of sustainable solutions, the Aquarium of the Pacific was the first among museums, zoos, and aquariums in the nation to register its greenhouse gases and also maintains a commitment to grow without increasing its carbon footprint. The Aquarium leads by example and shows the way to sustainability through its practices behind the scenes as well as what it presents to the general public. The Aquarium began serving the public as an educational resource immediately upon opening as an informal science institution, and welcomes more than 200,000 students, teachers, and community members who participate in educational programs each year. Through these programs, our Aquatic Academy courses, and a variety of multimedia experiences, the Aquarium provides numerous opportunities to delve deeper into the ocean and learn more about the planet.The Aquarium's education programs are designed to foster connections between people and the ocean, and to advance science learning for a broad range of learners of all ages and backgrounds. At the heart of the Aquarium's education department are over 40 classroom and auditorium programs that exceed California mandated science K-12 standards, complementing and reinforcing what students learn in their regular classrooms, and exposing them to a unique, hands-on learning experience. We also serve disadvantaged students through our scholarship program, offering either on-site free admission and transportation or a visit by Aquarium on Wheels to Title I school students. The Aquarium on Wheels has served an average of 44,000 students and community members annually with educational presentations and interactive touch tanks. The Aquarium also offers numerous resources for teachers and other educators, and in-depth opportunities for the public on current environmental topics - such as climate change, the urban ocean, and water conservation - through its Aquatic Academy, forums, and lecture series, as well as local on-the-water opportunities such as whale watching. More information on all of the Aquarium's education programs can be found here: http://www.aquariumofpacific.org/education/
Form 990, Part VI, Line 19
Form 990, Part VI, Line 19: Other Organization Documents Publicly Available
Audited financial statements and 990 are posted on our website. The organization's governing documents and conflict of interest policy are made available upon request.
Form 990, Part VI, Line 15b
Form 990, Part VI, Line 15b: Compensation Review and Approval Process for Officers and Key Employees
990, Part VI, Line 15aFor compensation determination processes for the CEO please see the statement for Part VI, Line 15b The same process is used for the position of CFO. The following process is undertaken every two years.We conduct a biannual, independent executive compensation study. Our established philosophy involves surveying the salaries of comparable positions in peer organizations and setting and adjusting salaries and ranges according to the results of these regular market surveys. The positions included in the most recent executive compensation review conducted in Fall 2010 for approved compensation paid in 2011 and 2012 are: CEO; CFO; Vice President Development; Vice President Marketing; Vice President, Operations; Vice President Government Relations and Strategic Planning and Vice President Human Resources. The next compensation review is scheduled for fall 2012. The survey is reviewed by the compensation committee which is comprised of independent board members. The compensation committee presents the findings to the whole board who approves executive compensation. All approvals are documented contemporaneously in the appropriate meeting minutes.
Form 990, Part VI, Line 12c
Form 990, Part VI, Line 12c: Explanation of Monitoring and Enforcement of Conflicts
1) We have a Conflict of Interest statement that all Board Directors and Executive Staff are required to sign annually; the statements are reviewed by CFO. 2) We have a list of professional and volunteer associations on file for the majority of our Board Directors and compared against vendor & contract activity regularly throughout the year. CEO, CFO and Corporate Secretary maintain major contracts and review those greater than 10k against conflict list. Board members recuse themselves from voting on contracts in which they have a conflict and staff members can not sign on invoices to companies to which they may have a conflict. Any actual conflicts are reviewed by CEO, CFO and Coporate Secretary.
Form 990, Part VI, Line 11
Form 990, Part VI, Line 11: Form 990 Review Process
The 990 is prepared from the year end audited financial statements. Data and schedules for the 990 are supported by the general ledger and subledgers including payroll system, W-2s and payroll registers, donor subledger and donor database. Once all data is entered by the Controller into the tax software, a copy of the draft report is reviewed by the CEO, VP of Finance and CFO, VP of Marketing, VP of Development and VP of Government Relations. Questions and input are discussed for revisions and resolved by the Controller. Once executive staff is satisfied with the draft document, it is then sent to our tax consultants for their review. Questions and revisions are resolved by the Controller and executive group, and then back to tax consultants for final review. Since the board has delegated the review of the tax return to the audit committee, the VP of Finance and CFO then sends a draft document to the Audit Committee for their detailed review. After their review, the tax return is made available to the board of directors at large for their review 7 to 10 days before submission. If the audit committee or other board members have issues or questions, the VP of Finance and Controller resolve those issues or questions with tax consultants and other staff, as required, prior to submission.
Form 990, Part VI, Line 7b
Form 990, Part VI, Line 7b: Describe Decisions of Governing Body Approval by Members or Shareholders
AS AN INSTRUMENTALITY OF THE CITY OF LONG BEACH WITHIN THE MEANING OF SECTION 141 OF THE INTERNAL REVENUE CODE THE CITY HAS THE FOLLOWING CONTROL MECHANISMS: CONSENT TO ELECTION OF BOARD MEMBERS; CONSENT TO THE ANNUAL BUDGET AND CONSENT TO CHANGES TO OUR BYLAWS.
Form 990, Part VI, Line 2
Form 990, Part VI, Line 2: Description of Business or Family Relationship of Officers, Directors, Et
Board Members Mario Molina and John Molina HAVE A FAMILY RELATIONSHIP
Form 990, Part III, Line 4d
Form 990, Part III, Line 4d : Other Program Services Description
OTHER PROGRAM SERVICES 4: ENTERPRISE DEVELOPMENT - CREATE OR RESEARCH PRODUCTS FOR SALE THAT REFLECT THE PUBLIC'S DIRECT EXPERIENCE IN THE AQUARIUM, INCLUDING ORIGINAL BOOKS INTERPRETING THE VISITOR EXPERIENCE, AND ANIMALS AND LOGO MATERIALS TO REMIND THE VISITOR OF THE VISIT.
Client Note 1 - STATEMENT 1AFORM 990-TORGANIZATION'S PRIMARY UNRELATED BUSINESS ACTIVITY.THE AQUARIUM OF THE PACIFIC RENTS OUT ITS FACILITIES AND PROVIDES FOOD SERVICE FOR NIGHT EVENTS THAT ARE ALL SITUATED IN THE EXHIBIT PARKWAY. GUESTS WHO COME TO THE NIGHT EVENTS ARE EXPOSED TO MOST, IF NOT ALL, OF THE LIVE ANIMAL COLLECTION AND EDUCATIONAL EXHIBITRY FOR THE TIME THAT THEY ARE AT THE FACILITY.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.