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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
UTAH SYMPHONY & OPERA
Employer identification number
51-0145980
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
10,762,491
11,223,430
11,290,027
12,819,802
13,242,365
59,338,115
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
0
0
0
0
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
0
0
0
0
0
4
Total. Add lines 1 through 3
10,762,491
11,223,430
11,290,027
12,819,802
13,242,365
59,338,115
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.
59,338,115
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
10,762,491
11,223,430
11,290,027
12,819,802
13,242,365
59,338,115
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
1,657,368
1,865,490
1,326,612
1,580,234
1,742,153
8,171,857
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
0
0
0
0
0
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
31,612
29,264
50,745
51,396
163,017
11
Total support (Add lines 7 through 10).
67,672,989
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
87.684 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
87.661 %
16a
33 1/3% support test—2013.
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—2012.
If the organization did not check a 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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2013
Additional Data
Software ID:
13000241
Software Version:
v1.00
-
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
UTAH SYMPHONY & OPERA
Employer identification number
51-0145980
Return Reference
Explanation
Form 990, Part III, Line 2
Mighty 5 Tour a week long tour highlighting the five national parks of Utah.
Form 990, Part III, Line 4b
A prime example of the service we are able to render to the arts community is the value housed in the Utah Opera Production Studios. One of the only facilities of its kind, the Utah Opera Production Studios houses a team of artisans, designers, and skilled craftsmen who bring the art form of opera to life for Utah Opera and performing arts organizations around the world through its sets and costumes construction and rentals programs. The Utah Opera Production Studios bring the integration of all production activities of the Utah Symphony, Utah Opera to one resourceful location, Costume Shop and Costume Rentals, Prop Studio, Scenic Shop and Scenic Studio, Set Storage, Assembly Bay, Rehearsal Hall, and allows the organization to utilize a business model which combines all aspects of both symphonic and operatic art forms. Production needs for performances at Abravanel Hall, the Capitol Theatre, and even the Deer Valley Music Festival can be designed and built with the resources found in this building. This has resulted in valuable cost savings and artistic synergy for the organization and the community. Utah Symphony | Utah Opera reaches over 349,000 people every year through live performances.
Form 990, Part VI, Section A, Line 1a
In the absence of Board action or in the event that the Board is unable to take action on a particular matter, the Executive Committee shall have all of the powers and exercise all of the duties of the Board in managing the business of the Corporation. Any such action taken by the Executive Committee in the absence or inability of the Board to take action shall be considered for ratification by the Board at the next regular meeting or special meeting of the Board.
Form 990, Part VI, Section A, Line 2
Our board is made up of community leaders and as such some business relationships exist and our conflict of interest policy and process adequately reveals and manages these so they are not conflicts for the organization.
Form 990, Part VI, Section A, Line 7a
The Corporation may have three or more appointed ex officio voting Trustees of the Board. These positions shall be comprised of the following: (i) one Ogden Opera Guild representative; (ii) one Utah Symphony Guild representative; (iii) one Ogden Symphony Ballet Association representative; and (iv) such representatives of auxiliary and advisory organizations and guilds as elected by their respective organizations and guilds. Two Musicians, as provided in the Collective Bargaining Agreement between the Corporation and American Federation of Musicians, Local 104, are voting Trustees of the Board.
Form 990, Part VI, Section B, Line 11b
Prepared by CFO, reviewed by Finance and Executive committees, posted to website for entire board review.
Form 990, Part VI, Section B, Line 12c
The values governing the affairs of Utah Symphony & Opera (US&O) are Excellence, Integrity, Trust, and Communication. Staff members are encouraged in their individual capacities to represent these values and to exemplify the highest standards of ethical behavior in all they do and say. They are thus encouraged to do their utmost to respect the rights and dignity of other persons; to be honest, accurate and open-minded in the presentation of information and ideas; when accounting for US&O's assets or handling financial transactions; when soliciting contributions; when representing US&O before governmental leaders, charitable foundations, patrons, and donors; or when dealing with vendors, partners, lessees, and other parties. A conflict of interest is defined as any circumstance that would cast doubt on the ability of a member of the staff to act with total objectivity with regard to the US&O's best interest. No member shall use his or her position, or the knowledge gained from his or her position, or the knowledge gained from his or her position, in such a manner that a conflict arises between the interest of the organization and the staff members' personal interests. An actual or potential conflict of interest may occur when an employee is in a position to influence a decision that may result in personal gain for t hat employee or for a relative as a result of business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. Utah Symphony & Opera relies on its employees to exercise their responsibilities to the organization in good faith. As a consequence of representing Utah Symphony & Opera, employees maybe in a position to establish personal relationships with patrons and donors or obtain confidential information concerning them. Employees may not, directly or indirectly solicit or accept money, loans, expensive gifts, travel, extravagant entertainment, or preferential treatment from such individuals. Employees may not use any information obtained about patrons and donors to further their personal interests during their employment with US&O or after their termination with US&O. In addition to this, the materials, products, designs, plans, ideas, and data of US&O should never be given or sold to an outside agency, firm or person except through normal channels and with appropriate authorization. Any improper transfer of material or disclosure of information, even though it is not apparent that an employee has personally gained by such action, constitutes unacceptable conduct. Any employee who participates in such a practice will be subject to disciplinary action, up to and including possible discharge. Having a conflict of interest may not necessarily indicate a professional transaction cannot occur. However, it is the duty of each staff member to disclose annually any actual or possible conflicts of interest in writing to the Director of Human Resources and Department Head. In the absence of an HR director all disclosures may be communicated to the COO. The employee is expected to provide all material facts and personal interests that may by determined to present a conflict of interest before any discussion or negotiation of a transaction takes place. Immediately upon becoming aware of the possible conflict of interest, the Director of Human Resources and Department Head will discuss the conflict with the COO to determine whether a particular conflict of interest is fair to the organization. The Director of Human Resources and or Department Head will respond in writing to the employee within 30 days of disclosure. If agreement is not reached, the final determination will be made by the President/CEO.
Form 990, Part VI, Section B, Line 15
League of American Orchestras Survey for salaries, Opera America, recruiting firm using comparable data, task force of board members as a search committee.
Form 990, Part VI, Section C, Line 19
We post to our website, provide copies upon request as well as publishing board meeting schedules in the newspaper which allows interested persons to attend meetings and request information. Conflict of interest policy is distributed annually.
Form 990, Part VIII, Line 3
Endowment Draw - $1,410,803; Interest/Dividends - $8,132; Gain from Sale of Assets - $54,529; Unrealized Gains/Losses - $40,307; 5% Draw being Released from Board Rstr - ($108,218); Interest/Dividends-Board Restr - $59,010; Realized Gains/Losses-Board Restr - $122,564; Unrealized Gains/Losses-Board Restr - $155,026
Government grants for future period-temporary restricted-$1,445,778; Government grants from prior period released to operations-($1,487,778); Contributions for future period-temporary restricted-$2,343,321; Contributions from prior period released to operations-($982,620); Contributions to endowment-permanent restricted-$231,026; Interest-temporary restricted-$8,367; Interest-permanent restricted-$147,650; Dividends-temporary restricted-$27,205; Dividends-permanent restricted-$465,911; Unrealized gains-temporary restricted-$108,195; Unrealized gains-permanent restricted-$1,801,116; Realized loss-temporary restricted-$72,286; Realized loss-permanent restricted-$1,234,799; Draws from endowment-temporary restricted-($119,087); Draws from endowment-permanent restricted-($1,183,499); Management and general expenses-temporary restricted-$15,381; Management and general expenses-permanent restricted-$263,087.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.