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
MONTALVO ASSOCIATION
Employer identification number
94-1249283
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.") ....
3,231,432
3,476,833
9,663,272
8,910,051
3,665,843
28,947,431
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
3,231,432
3,476,833
9,663,272
8,910,051
3,665,843
28,947,431
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)..
16,836,232
6
Public support. Subtract line 5 from line 4.
12,111,199
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..
3,231,432
3,476,833
9,663,272
8,910,051
3,665,843
28,947,431
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
618,716
637,241
583,738
790,991
1,250,208
3,880,894
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
1,522
517
4,598
6,637
11
Total support (Add lines 7 through 10).
32,834,962
12
Gross receipts from related activities, etc. (see instructions)
..................
12
5,782,000
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
36.890 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
33.940 %
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:
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.
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
MONTALVO ASSOCIATION
Employer identification number
94-1249283
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
MONTALVO USES THE FOLLOWING PROCESS TO REVIEW THE ANNUAL TAX FORM 990: 1. THE ANNUAL TAX FORM 990 IS PREPARED BY AN OUTSIDE ACCOUNTING FIRM BASED ON FINANCIAL AND MANAGEMENT INFORMATION MONTALVO STAFF PROVIDES. MONTALVO STAFF REVIEW AND APPROVE THE COMPLETE FORM 990. 2. THE COMPLETED FORM 990 IS PRESENTED TO THE EXECUTIVE COMMITTEE AND THE FINANCE COMMITTEE BY THE EXECUTIVE DIRECTOR AND THE DIRECTOR OF FINANCE. THE COMMITTEES ARE GIVEN THE OPPORTUNITY TO ASK QUESTIONS OF THE EXECUTIVE DIRECTOR AND THE DIRECTOR OF FINANCE BEFORE THEIR FINAL REVIEW AND APPROVAL. AFTER DISCUSSION A MOTION WILL BE MADE TO APPROVE THE SUBMISSION OF THE FORM 990. UPON PASSAGE OF THE MOTION, THE APPROVAL PROCESS IS COMPLETE FOR THE FORM 990, AND THE FORM 990 IS FILED. 3. ONCE THE REVIEW BY THE EXECUTIVE AND FINANCE COMMITTEES IS COMPLETE, THE FORM 990 IS DISTRIBUTED TO ALL MEMBERS OF THE MONTALVO BOARD.
FORM 990, PART VI, SECTION B, LINE 12C
TRUSTEES AND KEY EMPLOYEES ARE REQUIRED ANNUALLY TO COMPLETE A DISCLOSURE FORM IDENTIFYING POTENTIAL CONFLICTS OF INTEREST. 1. THE FORM TITLED "DISCLOSURE STATEMENT OF POTENTIAL CONFLICTS OF INTEREST" IS COMPLETED AND SIGNED BY ANY TRUSTEE WITH A POTENTIAL CONFLICT AS SOON AS THIS POTENTIAL ARISES. 2. THE POTENTIAL CONFLICT IS DISCLOSED AND DETERMINATION IS MADE WHETHER AN ACTUAL, POTENTIAL OR PERCEIVED CONFLICT OF INTEREST MAY EXIST, AND IF SO, MONTALVO'S POSITION WITH RESPECT THERETO. ANY STEPS TAKEN BY MONTALVO TO ADDRESS THE CONFLICT SITUATION ARE DOCUMENTED IN WRITING. 3. VIOLATION OF THE CONFLICT OF INTEREST POLICY CONSTITUTES UNACCEPTABLE CONDUCT THAT MAY BE SUBJECT TO DISCIPLINARY ACTION, UP TO AND INCLUDING DISMISSAL OF THE TRUSTEE FROM THE BOARD, OR TERMINATION OF EMPLOYMENT FOR KEY EMPLOYEES.
FORM 990, PART VI, SECTION B, LINE 15
A PROCESS ESTABLISHED IN 2009 TO SET THE COMPENSATION FOR OUR NEW EXECUTIVE DIRECTOR IS AS FOLLOWS: 1. A SEARCH COMMITTEE WAS FORMED CONSISTING OF TWO TRUSTEES SERVING AS CO-CHAIRS, AND EIGHT ADDITIONAL MEMBERS, INCLUDING THE CURRENT AND FORMER BOARD PRESIDENTS AND THE CHAIRS OF FIVE CRUCIAL BOARD COMMITTEES. 2. A SEARCH FIRM WAS CHOSEN TO HELP WITH THE SEARCH. THE CHOICE OF FIRMS WAS BASED ON THEIR FAMILIARITY WITH THE COMPETITIVE SAN FRANCISCO BAY AREA ARTS ENVIRONMENT AND THEIR EXCELLENT REFERENCES. THE FIRM CHOSEN HAD RECENTLY PLACED SENIOR EXECUTIVES AT THREE LOCAL ARTS ORGANIZATIONS. 3. THE CO-CHAIRS OF THE SEARCH COMMITTEE MET OR TALKED WITH SEVERAL SEARCH COMMITTEE CHAIRS FROM OTHER BAY AREA ARTS ORGANIZATIONS THAT HAD RECENLY HIRED EXECUTIVES TO DISCUSS THE SEARCH PROCESS AND COMPENSATION LEVELS. 4. A RANGE OF TOTAL COMPENSATION WAS DETERMINED BASED ON THE COMPARABLE DATA FROM OTHER LOCAL ARTS ORGANIZATIONS, AND WITH THE EXPERTISE OF THE SEARCH FIRM. 5. ONCE A CANDIDATE WAS IDENTIFIED THE ACTUAL COMPENSATION PACKAGE WAS PROPOSED BY THE SEARCH COMMITTEE TO THE EXECUTIVE COMMITTEE, WHO THEN PRESENTED IT TO THE BOARD OF TRUSTEES IN EXECUTIVE SESSION. IT WAS UNANIMOUSLY APPROVED, AND AN EMPLOYMENT CONTRACT BASED ON THE APPROVED COMPENSATION PACKAGE WAS SIGNED BY THE INCOMING EXECUTIVE DIRECTOR AND THE BOARD PRESIDENT. A PROCESS ESTABLISHED IN 2009 TO SET THE COMPENSATION FOR KEY EMPLOYEES IS AS FOLLOWS: 1. A RANGE OF TOTAL COMPENSATION IS DETERMINED BASED ON COMPARABLE DATA FROM OTHER LOCAL ARTS ORGANIZATIONS AND COMPARABLE POSITIONS LISTED IN THE ANNUAL COMPENSATION AND BENEFITS SURVEY FOR NORTHERN CALIFORNIA BY THE CENTER FOR NONPROFIT MANAGEMENT. 2. FOR KEY EMPLOYEES OTHER THAN THE EXECUTIVE DIRECTOR, SALARY CHANGES ARE DETERMINED BY THE EXECUTIVE DIRECTOR AFTER REVIEW OF JOB PERFORMANCE, CHANGES IN ORGANIZATIONAL RESPONSIBILITIES, AND REVIEW OF COMPENSATION LEVELS AT COMPARABLE LOCAL NONPROFIT ORGANIZATIONS. THE EXECUTIVE DIRECTOR BRINGS SALARY CHANGE RECOMMENDATIONS TO THE COMPENSATION COMMITTEE FOR REVIEW, DISCUSSION AND APPROVAL. 3. SALARY CHANGES FOR THE EXECUTIVE DIRECTOR ARE MADE BY THE COMPENSATION COMMITTEE DURING THE ANNUAL REVIEW PROCESS, WHICH INCLUDES PERFORMANCE AGAINST ANNUAL MISSION OBJECTIVES AND FINANCIAL GOALS. 4. THE COMPENSATION COMMITTEE CONSISTS OF FIVE TRUSTEES, INCLUDING THE BOARD PRESIDENT, PAST PRESIDENT, FINANCE COMMITTEE CHAIR AND MEMBERS OF THE FINANCE AND AUDIT COMMITTEES. 5. THE COMPENSATION COMMITTEE APPROVES THE SALARY CHANGE.
FORM 990, PART VI, SECTION C, LINE 19
THE FOLLOWING GOVERNING DOCUMENTS ARE POSTED ON THE MONTALVO WEBSITE AT WWW.MONTALVOARTS.ORG: AUDITED FINANCIAL STATEMENTS, FORM 990 TAX RETURN, BYLAWS, CODE OF ETHICS, GIFT ACCEPTANCE POLICY, AND WHISTLEBLOWER POLICY. THESE DOCUMENTS ARE ALSO AVAILABLE UPON REQUEST. FORM 990 IS ALSO AVAILABLE AT GUIDESTAR.COM AND CHARITYNAVIGATOR.COM.
FORM 990, PART XII, LINE 2C
THE PROCESS HAS NOT CHANGED FROM PRIOR YEAR.
FORM 990, SCHEDULE G, PART III
OTHER GAMING REVENUE CONSISTS OF RAFFLES.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.