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
PERFORMING ARTS FORT WORTH INC
Employer identification number
75-2457270
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.") ....
669,553
3,060,191
965,323
545,716
1,855,182
7,095,965
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..
669,553
3,060,191
965,323
545,716
1,855,182
7,095,965
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)..
1,346,861
6
Public Support. Subtract line 5 from line 4.
5,749,104
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..
669,553
3,060,191
965,323
545,716
1,855,182
7,095,965
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,459,319
638,449
629,787
519,621
571,930
3,819,106
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
44,980
27,672
33,138
29,562
18,132
153,484
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
14,822
214,678
180,452
58,796
21,680
490,428
11
Total support (Add lines 7 through 10).
11,558,983
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
29,957,899
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
49.737 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
43.463 %
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
PERFORMING ARTS FORT WORTH INC
Employer identification number
75-2457270
Identifier
Return Reference
Explanation
GENERAL STATEMENT 1
PART I, LINE 1 AND PART III, LINE 1
THE MISSION OF THE NANCY LEE AND PERRY R. BASS PERFORMANCE HALL IS TO SERVE AS A PERMANENT HOME TO MAJOR PERFORMING ARTS ORGANIZATIONS OF FORT WORTH AND AS A PREMIER VENUE FOR TOURING ATTRACTIONS SO AS TO ENHANCE THE RANGE, QUALITY AND ACCESSIBILITY OF CULTURAL FARE AVAILABLE TO THE PUBLIC, TO PROMULGATE ARTS EDUCATION, AND TO CONTRIBUTE TO THE CULTURAL LIFE OF FORT WORTH, TARRANT COUNTY AND THE REGION.
GENERAL STATEMENT 2
PART III, LINE 4A AND 4B: PROGRAM SERVICE ACCOMPLISHMENTS
LINE 4A - PRODUCTIONS AND PERFORMANCES: PERFORMING ARTS FORT WORTH HAS SPECIAL THEATER LICENSE AGREEMENTS WITH FOUR RESIDENT ARTS ORGANIZATIONS WHICH INCLUDE: THE FORT WORTH SYMPHONY, THE TEXAS BALLET THEATER, THE FORT WORTH OPERA, AND THE VAN CLIBURN FOUNDATION. THESE AGREEMENTS WERE INITIALLY FOR FIVE THEATER SEASONS WITH AUTOMATIC ONE YEAR EXTENSIONS AFTER THE FIRST FIVE SEASONS, PROVIDING NEITHER PARTY CHOOSES TO TERMINATE THE RELATIONSHIP. THESE AGREEMENTS PROVIDE THE RESIDENT ORGANIZATIONS THE FIRST OPPORTUNITY TO SCHEDULE EACH SEASON AT FEES ESTABLISHED BY THE AGREEMENTS. IN ADDITION, COMMERCIAL PRODUCTIONS RENT THE HALL FOR VARIOUS EVENTS. IN ADDITION TO RESIDENT COMPANIES AND RENTALS, PERFORMING ARTS FORT WORTH PRESENTS A WIDE ARRAY OF PROGRAMS INCLUDING A BROADWAY SERIES, A FAMILY SERIES, POPULAR ENTERTAINMENT AND SPECIAL ATTRACTIONS THAT INCLUDE THE FINEST ATTRACTIONS IN PERFORMING ARTS CENTER PROGRAMMING. LINE 4B - EDUCATIONAL ACTIVITIES: PERFORMING ARTS FORT WORTH HAS ESTABLISHED A CHILDREN'S EDUCATION PROGRAM. AS PART OF THIS PROGRAM, IN COORDINATION WITH FORT WORTH INDEPENDENT SCHOOLS, CHILDREN OF FORT WORTH AND THE SURROUNDING COMMUNITIES IN GRADES 1ST THROUGH 12TH ARE PROVIDED THE OPPORTUNITY TO EMBRACE THE JOY OF LIVE PERFORMANCES IN THE BASS PERFORMANCE HALL. THIS OPPORTUNITY IS COMPLETELY FREE OF CHARGE TO STUDENTS AND THEIR DISTRICTS. SINCE THE PROGRAM'S INCEPTION 929,331 STUDENTS HAVE ATTENDED THE CHILDREN'S EDUCATION PROGRAMS AT BASS PERFORMANCE HALL. ALONG WITH THIS PROGRAM AT THE BASS PERFORMANCE HALL, THE CHILDREN'S EDUCATION PROGRAM OFFERS OTHER EDUCATIONAL EXPERIENCES TO BOTH CHILDREN AND TEACHERS THROUGH ITS TEACHERS' INSTITUTES, MASTER CLASSES AND STUDY GUIDES. ADDITIONAL SUPPORT IS PROVIDED BY PERFORMING ARTS FORT WORTH IN THE FORM OF SCHOLARSHIPS AND AWARDS TO OUTSTANDING STUDENTS AND TEACHERS IN PERFORMING ARTS.
GENERAL STATEMENT 3
PART VI: SECTION A. GOVERNING BODY AND MANAGEMENT
PART VI, QUESTION 2: -DEE J. KELLY AND WILLIAM P. HALLMAN, JR. HAVE A BUSINESS RELATIONSHIP. -DEE J. KELLY AND DEE STEER HAVE A BUSINESS RELATIONSHIP. -WILLIAM P. HALLMAN, JR. AND DEE STEER HAVE A BUSINESS RELATIONSHIP. -EDWARD P. BASS AND MARTIN C. BOWEN HAVE A BUSINESS RELATIONSHIP.
GENERAL STATEMENT 4
PART VI: SECTION B. POLICIES
PART VI, QUESTION 11B - PERFORMING ARTS FORT WORTH, INC. (PAFW) ENGAGES A PAID PREPARER EXPERIENCED IN THE PREPARATION OF FORM 990 TO PREPARE THE FORM. PAFW'S ACCOUNTING MANAGER WORKS CLOSELY WITH THE PAID PREPARER TO PROVIDE INFORMATION FOR THE RETURN. A DRAFT FORM 990 IS PROVIDED TO AND REVIEWED BY THE CHIEF FINANCIAL OFFICER AND CHIEF EXECUTIVE OFFICER. A REVISED DRAFT IS THEN REVIEWED IN DETAIL, REVISED AS NEEDED, AND APPROVED BY THE FINANCE & AUDIT COMMITTEE. A FINAL FORM 990 IS PROVIDED TO THE CHIEF FINANCIAL OFFICER TO SIGN. IN ADDITION, A COPY OF THE COMPLETED FORM 990 IS PROVIDED TO THE BOARD OF DIRECTORS PRIOR TO FILING THE RETURN.
GENERAL STATEMENT 5
PART VI: SECTION B. POLICIES
PART VI, QUESTION 12C - EACH YEAR THE BOARD OF DIRECTORS IS PROVIDED WITH THE CONFLICT OF INTEREST POLICY AND CONFLICT OF INTEREST STATEMENT AND ARE ASKED TO RETURN THE COMPLETED DOCUMENT TO PERFORMING ARTS FORT WORTH. THE EXECUTIVE COMMITTEE ADDRESSES ANY CONFLICT OF INTEREST ISSUES THAT ARISE. FOR STAFF, PERFORMING ARTS FORT WORTH, INC.'S HUMAN RESOURCE DEPARTMENT REQUIRES THAT ALL FULL-TIME EMPLOYEES SIGN THE ORGANIZATION'S CONFLICT OF INTEREST POLICY AND STATEMENT. HUMAN RESOURCES CONSISTENTLY MONITORS AND REVIEWS CONFLICT OF INTEREST POLICY COMPLIANCE ISSUES.
GENERAL STATEMENT 6
PART VI: SECTION B. POLICIES
PART VI: QUESTION 15A AND 15B - PERFORMING ARTS FORT WORTH, INC. APPLIES THE FOLLOWING POLICIES AND PROCEDURES TO TAKE ADVANTAGE OF THE REBUTTABLE PRESUMPTION OF REASONABLENESS PROVIDED IN THE INTERMEDIATE SANCTIONS REGULATIONS AND TO INSURE THE COMPENSATION PAID TO ITS EMPLOYEES IS APPROPRIATE: ENGAGES AN OUTSIDE CONSULTANT TO CONDUCT AN ANNUAL COMPENSATION SURVEY OF COMPARABLE ORGANIZATIONS IN THE PERFORMING ARTS INDUSTRY. THE ANNUAL SALARY SURVEY IS REVIEWED BY THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS WHO RECOMMEND AND APPROVE THE CEO'S SALARY AS WELL AS THE SALARIES OF THE CFO AND VP OF DEVELOPMENT, FOR BUDGETING PURPOSES. ALL INDIVIDUALS WITH A CONFLICT OF INTEREST RELATED TO COMPENSATION ISSUES ARE EXCUSED DURING THIS REVIEW PROCESS. DOCUMENTATION OF THE COMPENSATION DISCUSSIONS IS CONTEMPORANEOUSLY PREPARED AND RETAINED. THE FULL BOARD APPROVES THE FINAL BUDGET WHICH INCLUDES THE OFFICER COMPENSATION.
GENERAL STATEMENT 7
PART VI: SECTION C. DISCLOSURE
PART VI: QUESTION 19 - PERFORMING ARTS FORT WORTH, INC. MAKES ITS IRS FORM 990, GOVERNING DOCUMENTS, AND CONFLICTS OF INTEREST POLICY AVAILABLE TO THE PUBLIC UPON REQUEST.
GENERAL STATEMENT 8
PART VII: SECTION B. INDEPENDENT CONTRACTORS
BTB TOURING COMPANY, LLC ARTIST FEE $ 374,161 7135 MINSTREL WAY-STE 105 COLUMBIA, MD 21045 MAMMA MIA USA TOUR2 LP ARTIST FEE $ 278,400 230 WEST 41ST ST #1703 NEW YORK, NY 10018 THE CELLBLOCK CHICAGO, LP ARTIST FEE $ 219,707 165 WEST 46TH ST-STE 1202 NEW YORK, NY 10036 FROG IN A SOCK PTY LTD ARTIST FEE $ 150,400 PO BOX 648, FORTITUDE VALLEY QLD 4006 AU
GENERAL STATEMENT 9
PART XI: RECONCILIATION OF NET ASSETS, LINE 5
UNREALIZED GAIN ON INVESTMENTS $1,192,045 CHANGE IN BENEFICIAL INTEREST 6,574,601 IN NET ASSETS OF TRUST ---------- $7,766,646
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.