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
ORANGE BOWL COMMITTEE INC
Employer identification number
59-0384382
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.") ....
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) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(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—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.") .
530,676
641,481
1,568,638
678,160
613,975
4,032,930
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......
16,584,798
16,494,552
38,698,894
14,796,794
15,078,493
101,653,531
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.
17,115,474
17,136,033
40,267,532
15,474,954
15,692,468
105,686,461
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
600,000
600,000
1,191,337
650,000
3,041,337
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.
3,058,102
3,439,834
6,659,684
747,520
1,888,297
15,793,437
c
Add lines 7a and 7b..
3,658,102
4,039,834
7,851,021
1,397,520
1,888,297
18,834,774
8
Public Support (Subtract line 7c from line 6.)
86,851,687
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...
17,115,474
17,136,033
40,267,532
15,474,954
15,692,468
105,686,461
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
756,934
1,886,780
484,115
908,557
771,292
4,807,678
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
756,934
1,886,780
484,115
908,557
771,292
4,807,678
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.)
49,854
49,854
13
Total support (Add lines 9, 10c, 11 and 12.).
17,922,262
19,022,813
40,751,647
16,383,511
16,463,760
110,543,993
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
78.570 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
78.420 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
4.350 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
4.260 %
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
ORANGE BOWL COMMITTEE INC
Employer identification number
59-0384382
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 4
THE ORGANIZATION AMENDED ITS BY-LAWS TO FORMALLY ADD AND DESCRIBE THE DUTIES OF AN AUDIT COMMITTEE, A COMPENSATION COMMITTEE AND A GOVERNANCE COMMITTEE. WHILE MANY OF THE DUTIES WERE ALREADY CARRIED ON, THE AMENDMENT WAS MADE TO CLARIFY AND FORMALIZE THE DUTIES OF EACH COMMITTEE. IN ADDITION, A LIST OF MEMBERSHIP REQUIREMENTS WAS ADOPTED AND ADDED TO THE BY-LAWS. THESE REQUIREMENTS INSTITUTE MANDATORY DUES/ASSESSMENTS THAT MEMBERS HAVE TO MEET ANNUALLY.
FORM 990, PART VI, SECTION A, LINE 6
ALL MEMBERS HAVE THE RIGHT TO VOTE IN THE ELECTION OF MEMBERS OF THE GOVERNING BODY AND TO VOTE IN DECISIONS TO APPROVE CERTAIN DECISIONS OF THE GOVERNING BODY AS DESCRIBED IN THE EXPLANATIONS FOR QUESTIONS 7A AND 7B. NO MEMBERS OF THE ORGANIZATION HAVE THE RIGHT TO RECEIVE DISTRIBUTIONS OF INCOME OR ASSETS FROM THE ORGANIZATION.
FORM 990, PART VI, SECTION A, LINE 7A
ALL MEMBERS IN GOOD STANDING PER THE BY-LAWS, EXCLUDING COLLEGIATE REPRESENTATIVE MEMBERS, HONORARY MEMBERS, MEMBERS AT LARGE, EMERITUS MEMBERS AND ACTIVE MEMBERS UNTIL THE COMPLETION OF THEIR SECOND FESTIVAL, HAVE THE RIGHT TO VOTE FOR MEMBERS OF THE BOARD OF DIRECTORS. EACH YEAR THE ELECTION WILL INCLUDE THE SECOND VICE-CHAIR, 3 PAST CHAIRS/PRESIDENTS, AND 6-7 AT-LARGE DIRECTORS (FOR A TWO-YEAR TERM).
FORM 990, PART VI, SECTION A, LINE 7B
ALL MEMBERS IN GOOD STANDING PER THE BY-LAWS, EXCLUDING COLLEGIATE REPRESENTATIVE MEMBERS, HONORARY MEMBERS, MEMBERS AT LARGE, EMERITUS MEMBERS AND ACTIVE MEMBERS UNTIL THE COMPLETION OF THEIR SECOND FESTIVAL, HAVE THE RIGHT TO VOTE ON THE FOLLOWING MATTERS: ELECTION OF NEW MEMBERS, RE-ELECTION OF MEMBERS, THE AMOUNT OF CHARGES FOR MEMBERSHIP BENEFITS AS WELL AS DUES AND ASSESSMENTS, THE CRITERIA FOR NEW MEMBERS TO MEET BEFORE THEY ARE ELECTED OR RE ELECTED, THE PURCHASE, SALE OR ENCUMBRANCE OF ANY REAL PROPERTY, THE ELECTION OF MEMBERS TO THE MEMBERSHIP SERVICES COMMITTEE, ANY AMENDMENT TO THE ARTICLES OF INCORPORATION OR BYLAWS OF THE COMMITTEE, THE ANNUAL BUDGET FOR THE COMMITTEE AND ANY CONTRACT WITH A TERM OF ONE YEAR OR MORE AND WHICH HAS AGGREGATE EXPENDITURES OF MORE THAN $1,000,000.00 (WHETHER LUMP SUM OR INSTALLMENT), WITH THE EXCEPTION OF EMPLOYMENT AGREEMENTS.
FORM 990, PART VI, SECTION B, LINE 11
FORM 990 IS INITIALLY REVIEWED BY THE ORGANIZATION'S CEO, CFO, TREASURER, FINANCE COMMITTEE AND AUDIT COMMITTEE AND THEN PRESENTED TO BOARD OF DIRECTORS FOR APPROVAL BEFORE IT IS FILED.
FORM 990, PART VI, SECTION B, LINE 12C
IT IS THE POLICY OF THE COMMITTEE THAT ANY BUSINESS DONE WITH ANY MEMBER OR MEMBER'S COMPANY MUST BE FAIR, REASONABLE AND COMPETITIVE WITHIN THE MARKETPLACE, AND HAVE THE PRIOR APPROVAL BY THE BOARD. WHENEVER SUCH BUSINESS IS BEING DISCUSSED AND VOTED ON BY THE BOARD, ANY MEMBER(S) WITH AN INTEREST IN SAID BUSINESS MUST DISCLOSE SUCH INTEREST, NOT PARTICIPATE IN BOARD DISCUSSIONS AND ABSTAIN FROM VOTING. ALSO, ANNUALLY EACH BOARD MEMBER AND KEY EMPLOYEE MUST COMPLETE A CONFIDENTIAL CONFLICT OF INTEREST DISCLOSURE STATEMENT.
FORM 990, PART VI, SECTION B, LINE 15
LINE 15A: CEO: EXECUTIVE COMPENSATION IS ESTABLISHED BY A COMMUNITY-BASED BOARD OF DIRECTORS THROUGH A TRANSPARENT, STRUCTURED AND THOUGHTFUL PROCESS. IT INVOLVES BOTH INTERNAL (EMPLOYEE PERFORMANCE ASSESSMENT) AND EXTERNAL (MARKETPLACE SURVEYS AND COMPARATIVES) REVIEWS. EFFORTS ARE LED BY A COMPENSATION COMMITTEE APPOINTED BY THE ORANGE BOWL'S BOARD OF DIRECTORS, AND SUBJECT TO FINAL APPROVAL BY THE INDEPENDENT BOARD OF DIRECTORS. BOARD MEMBERS ARE ELECTED ANNUALLY BY THE 300 PLUS MEMBERSHIP OF THE ORANGE BOWL AND ARE SUBJECT TO TERM LIMITS TO ASSURE THEIR INDEPENDENCE AND COMMUNITY ORIENTATION. LINE 15B - OTHER OFFICERS AND KEY EMPLOYEES: WITH REGARD TO THE CHIEF OPERATING OFFICER, COMPENSATION IS RECOMMENDED BY THE CEO TO THE COMMUNITY-BASED BOARD OF DIRECTORS AFTER A TRANSPARENT, STUCTURED AND THOUGHTFUL PROCESS INVOLVING BOTH INTERNAL (EMPLOYEE PERFORMANCE ASSESSMENT) AND EXTERNAL (MARKETPLACE SURVEYS AND COMPARATIVES) REVIEWS, SIMILAR TO THE CEO. COMPENSATION FOR OTHERS IN THE CATEGORY IS BASED ON INFLATION, EXPERIENCE, PERFORMANCE, SURVEYS OF SIMILAR ORGANIZATIONS AND THE RESULTS OF A PRIOR YEAR'S OUTSIDE CONSULTANT STUDY, THE CEO RECOMMENDS OTHER OFFICERS AND KEY EMPLOYEES' COMPENSATION TO THE HUMAN RESOURCES COMMITTEE. THE HUMAN RESOURCES COMMITTEE THEN REVIEWS AND PROPOSES THE APPROVED COMPENSATION TO THE EXECUTIVE COMMITTEE. THE EXECUTIVE COMMITTEE REVIEWS AND THEN SENDS TO THE BOARD FOR APPROVAL.
FORM 990, PART VI, SECTION C, LINE 19
FORM 990, PART VI, SECTION C, LINE 19: THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST ONLY.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 2,533,494.
FORM 990, PART XI, LINE 2C:
NO CHANGE HAS BEEN MADE IN THE ORGANIZATION'S AUDIT OVERSIGHT COMMITTEE PROCEDURES OR IN ITS SELECTION OF AN INDEPENDENT ACCOUNTANT.
FORM 990, PART VII, SECTION B - INDEPENDENT CONTRACTORS
DESCRIPTION OF SERVICES BY THE FOLLOWING BUSINESSES: CENTERPLATE: HOSPITALITY SERVICES AT SUN LIFE STADIUM FOR THE DISCOVER ORANGE BOWL AND BANK ATLANTIC CENTER FOR THE METROPCS ORANGE BOWL BASKETBALL CLASSIC INCLUDING CONTRACTUALLY REQUIRED EVENTS, SOME OF WHICH WAS OFFSET BY PAID ADMISSION FEES ACT PRODUCTIONS: PRODUCTION AND TALENT FEES FOR PRE-GAME AND HALF-TIME ENTERTAINMENT FOR THE DISCOVER ORANGE BOWL GAME SILVERMAN GROUP INC: MARKETING SERVICES INCLUDING STRATEGIC PLANNING, COLLATERAL MATERIAL DEVELOPMENT AND MEDIA BUYING JB WILLIAMSON COMPANY: CONSTRUCTION PROJECT MANAGER FOR THE MOORE PARK RENOVATION
GENERAL COMMENT:
AS THIS FORM 990 IS DESIGNED AS A FINANCIAL REPORTING VEHICLE, ITS NATURE DOES NOT ALWAYS ALLOW FOR DETAILED DESCRIPTIONS OF CERTAIN ITEMS. THEREFORE, WE WOULD ENCOURAGE ANYONE VIEWING THIS DOCUMENT FOR ANY OTHER PURPOSE THAN THAT FOR WHICH IT IS INTENDED, TO PLEASE CONTACT THE ORANGE BOWL COMMITTEE WITH ADDITIONAL QUESTIONS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.