2014-11-17T13:42:17-06:00 2013-12-31 942763139 BERGER LEWIS ACCOUNTANCY CORP 55 ALMADEN BLVD STE 600 SAN JOSE CA 95113 990 2013-01-01 680419182 LIVERMORE VALLEY PERFORMING ARTS CENTER LIVE 9253736100 2400 FIRST STREET LIVERMORE CA 94550 HENRY HUFF TREASURER EFF 6/2014 9253736100 2014-11-14 1 LAWRENCE S KUECHLER P00233621 4084941200 2014-11-14 2013 2015-11-30 17:44:51Z HENRY HUFF 2400 FIRST STREET LIVERMORE CA 94550 3449653 0 X WWW.LIVERMOREPERFORMINGARTS.ORG X 1998 CA TO ESTABLISH AND OPERATE A WORLD-CLASS PERFORMING ARTS CENTER IN THE TRI-VALLEY. 20 20 59 180 0 0 1177223 1811716 1239161 1313702 1424 -8832761 74711 48527 2492519 -5658816 0 0 0 0 930624 1034033 23572 52632 301718 2937816 3192532 3892012 4279197 -1399493 -9938013 32296031 21810006 24475358 24177963 7820673 -2367957 X TO ESTABLISH AND OPERATE A WORLD CLASS PERFORMING ARTS CENTER THAT PROMOTES AND ENCOURAGES THE PRESENTATION AND CREATION OF VISUAL AND PERFORMING ARTS; ENHANCING THE PUBLIC'S APPRECIATION, ENJOYMENT AND UNDERSTANDING OF THE ARTS; AND SERVES AS A CATALYST FOR THE CONTINUED ECONOMIC ENHANCEMENT OF BOTH THE CITY OF LIVERMORE AND THE SURROUNDING TRI-VALLEY REGION. 0 1 3451002 1262061 THE BANKHEAD THEATER SERVES AS HOME FOR MANY OF THE AREA'S FINEST PERFORMING ARTS ORGANIZATIONS. THESE INCLUDE DEL VALLE FINE ARTS, THE LIVERMORE VALLEY OPERA, THE LIVERMORE-AMADOR SYMPHONY, VALLEY DANCE THEATER, TRI-VALLEY REPERTORY THEATER, LIVERMORE SCHOOL OF DANCE, LAMPLIGHTERS MUSIC THEATRE, AND THE PACIFIC CHAMBER SYMPHONY. THE BOTHWELL ARTS CENTER AND DOWNTOWN ART STUDIOS FUNCTION AS INCUBATOR SPACES AND PROVIDES STUDIOS, CLASSROOMS, PERFORMANCE, AND REHEARSAL SPACE FOR MANY OF THE CITY'S ARTS ORGANIZATIONS AND ARTISTS.LVPAC PROVIDES THE BANKHEAD ON A RENTAL BASIS TO BOTH RESIDENT AND VISITING PERFORMANCE COMPANIES, AND FUNCTIONS AS A PRESENTER IN ITS OWN RIGHT, BRINGING TO LIVERMORE ARTISTS OF NATIONAL AND INTERNATIONAL STATURE. LVPAC COORDINATES THE RAY DOROUGH SPEAKERS SERIES, WHOSE SPEAKERS INCLUDE RENOWNED SCIENTISTS, WRITERS AND ARTISTS. FINALLY, LVPAC PROVIDES STUDENT MATINEE PERFORMANCES AND ARTISTS' CLASSROOM WORKSHOPS FOR SCHOOL CHILDREN ACROSS THE TRI-VALLEY.DURING 2013, OVER 160 PUBLIC EVENTS TOOK PLACE IN THE BANKHEAD THEATER; MORE THAN 65,000 ATTENDEES ENJOYED PERFORMANCES BY SUCH ATTRACTIONS AS THE LIVERMORE VALLEY OPERA, VALLEY DANCE THEATER, BIG BAD VOODOO DADDY, ROCKAPELLA, OTTMAR LIEBERT, CALIFORNIA THEATRE CENTER, THE CAPITOL STEPS, LINES BALLET, ARLO GUTHRIE, THE LETTERMEN, TRI-VALLEY REPERTORY THEATRE, AND THE LIVERMOREAMADOR SYMPHONY. LVPAC AGAIN HOSTED ITS ANNUAL GUITAR FESTIVAL, WHICH BROUGHT VISITORS TO DOWNTOWN LIVERMORE AND ALSO PRESENTED TUESDAY TUNES AND FRIDAY NIGHTS LIVE, A SERIES OF 30 FREE OUTDOOR CONCERT EVENTS IN THE PLAZA LOCATED IN FRONT OF THE BANKHEAD THEATER. A CORNERSTONE OF LIVERMORE'S DOWNTOWN REVITALIZATION, THE LIVERMORE VALLEY PERFORMING ARTS CENTER AND THE BANKHEAD THEATER, PLAY A VIBRANT ROLE IN THE CULTURAL AND ECONOMIC LIFE OF THE CITY OF LIVERMORE AND THE SURROUNDING TRI-VALLEY REGION. 100228 55545 LVPAC OPERATES THE BOTHWELL ARTS CENTER, A MULTI-PURPOSE FACILITY FOR THE SUPPORT OF LOCAL VISUAL AND PERFORMING ARTISTS AND ORGANIZATIONS, UNDER A LEASE AGREEMENT WITH THE LIVERMORE AREA RECREATION AND PARK DISTRICT AND THE CITY OF LIVERMORE. THE BOTHWELL ARTS CENTER SERVES AS AN ARTS INCUBATOR, OFFERING AFFORDABLE AND RENTABLE CLASSROOM, REHEARSAL, PERFORMANCE, EVENT AND STUDIO RENTAL SPACE FOR ARTIST, MUSICIANS, THEATRICAL, ACTING, CHORAL, AND OTHER INDIVIDUALS AND GROUPS WITH A CULTURAL ARTS FOCUS. THE DOWNTOWN ARTS STUDIOS, A REFURNISHED COMMERCIAL BUILDING OWNED BY THE CITY OF LIVERMORE, PROVIDES STUDIO SPACE FOR LOCAL VISUAL ARTISTS. 3551230 1 1 0 0 0 0 0 0 0 0 1 0 0 0 0 1 1 0 0 0 0 0 0 1 1 0 0 0 0 0 1 0 0 0 0 0 1 0 0 0 1 1 0 0 0 0 0 0 0 0 1 36 0 59 1 0 0 0 0 0 1 1 0 0 0 0 X 20 20 0 1 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 CA X X REANNA BRADFORD 9253736100 2400 FIRST STREET LIVERMORE CA 94550 PHILIP R WENTE CHAIRMAN 1.00 X X 0 0 0 JOAN K SEPPALA PRESIDENT 1.00 X X 0 0 0 MICHAEL BOCCHICCHIO TREASURER 1.00 X X 0 0 0 JEANETTE KING SECRETARY 1.00 X X 0 0 0 NANCY BANKHEAD DIRECTOR 1.00 X 0 0 0 JAY DAVIS - TO 72013 DIRECTOR 1.00 X 0 0 0 MICHAEL W FABER DIRECTOR 1.00 X 0 0 0 CHRIS GRANT DIRECTOR 1.00 X 0 0 0 RON KHANNA - FROM 2013 DIRECTOR 1.00 X 0 0 0 STEVE KING DIRECTOR 1.00 X 0 0 0 JOSEPH MADDEN DIRECTOR 1.00 X 0 0 0 LAYNE MARCEAU DIRECTOR 1.00 X 0 0 0 MORTIMER L MENDELSOHN - TO 72013 DIRECTOR 1.00 X 0 0 0 REGINA LIANG MUEHLHAUSER - TO 72013 DIRECTOR 1.00 X 0 0 0 THOMAS REITTER DIRECTOR 1.00 X 0 0 0 DOUGLAS SIROTTA DIRECTOR 1.00 X 0 0 0 CHARLES SMITH DIRECTOR 1.00 X 0 0 0 DONALD TISHMAN DIRECTOR 1.00 X 0 0 0 DENISE WATKINS DIRECTOR 1.00 X 0 0 0 DONNA WILCOX DIRECTOR 1.00 X 0 0 0 DALE KAYE - FROM 92013 DIRECTOR 1.00 X 0 0 0 AARON ORTIZ - FROM 92013 DIRECTOR 1.00 X 0 0 0 JEAN SHULER - FROM 72013 DIRECTOR 1.00 X 0 0 0 LEN ALEXANDER EXECUTIVE DIRECTOR 40.00 X 0 0 0 TOM MIZTE EXECUTIVE DIRECTOR 40.00 X 12669 0 0 THEODORE GIATAS EXECUTIVE DIRECTOR 40.00 X 33373 0 0 CAROL CONRAD - TO 42013 FINANCE MANAGER 40.00 X 21354 0 630 REANNA GOURCHER - FROM 22013 FINANCE MANAGER 40.00 X 51289 0 0 118685 0 630 0 0 0 0 CARR MCCLELLAN INGERSOLL THOMPSON & HORN PO BOX 513 BURLINGAME CA 940110513 LEGAL SERVICES 282700 COX CASTLE NICHOLSON 2049 CENTURY PARK EAST 28TH FLOOR LOS ANGELES CA 900673284 LEGAL SERVICES 128320 MANAGEMENT CONSULTANTS FOR THE ARTS INC 400 MAIN STREET SUITE 400 STAMFORD CT 06901 MANAGEMENT SERVICES 109777 3 86751 485620 1239345 218350 1811716 THEATER REVENUE 711110 1258157 1258157 BOTHWELL STUDIO 711110 55545 55545 1313702 57 57 16306 0 16306 16306 16306 2387 0 8835205 2387 -8835205 -8832818 -8832818 188143 86751 213499 -25356 -25356 112438 59765 52673 52673 MISC REFUNDS 900099 3904 3904 QUALIFIED SPONSORSHIP 900099 1000 1000 4904 -5658816 1317606 0 -8788138 119315 36833 73273 9209 685508 565994 12 119502 149052 116388 13962 18702 80158 60119 7214 12825 135536 67768 40661 27107 191230 191230 61989 61989 52632 52632 6169 2885 2130 1154 190879 190879 186528 167327 9116 10085 74342 63190 5576 5576 132403 127107 2648 2648 25602 10474 6483 8645 17549 16847 351 351 822502 814012 4245 4245 LOAN FEES 612714 597218 7359 8137 ARTIST PAYMENTS 580761 580761 FACILITY & EQUIPMENT 106911 106911 BOND AMORTIZATION 26517 26517 20900 20900 4279197 3551230 426249 301718 914914 498731 194823 4920 2276391 1737940 15142 3008 25137 7696 24184375 5256431 19750447 18927944 9119177 629767 32296031 21810006 353772 505227 241586 202736 23480000 22470000 125000 400000 875000 24475358 24177963 X 5040242 -4725761 2040431 1617804 740000 740000 7820673 -2367957 32296031 21810006 X -9938013 -250617 X 0 1 X 1 0 X 5768926 1544566 1949765 1177223 1811716 12252196 5768926 1544566 1949765 1177223 1811716 12252196 3577328 8674868 31925 5887 15901 17712 16363 87788 8205 62881 4741 11293 4904 92024 12432008 6454751 0.69780 0.62220 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 740000 740000 22548934 4696671 17852263 21729 20025 1704 146494 137920 8574 727218 401815 325403 18927944 X -5397671 201380 201380 -5599051 -59765 -59765 -5658816 4540342 201380 59765 261145 4279197 0 4279197 PART X, LINE 2: ACCOUNTING PRINCIPLES GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA PROVIDE ACCOUNTING AND DISCLOSURE GUIDANCE ABOUT POSITIONS TAKEN BY AN ORGANIZATION IN ITS TAX RETURNS THAT MIGHT BE UNCERTAIN. MANAGEMENT HAS CONSIDERED ITS TAX POSITIONS AND BELIEVES THAT ALL OF THE POSITIONS TAKEN BY THE CENTER IN THEIR FEDERAL AND STATE EXEMPT ORGANIZATION TAX RETURNS ARE MORE LIKELY THAN NOT TO BE SUSTAINED UPON EXAMINATION. THE CENTER'S FILES INFORMATION RETURNS IN THE U.S. FEDERAL JURISDICTION AND STATE OF CALIFORNIA. THE CENTER'S FEDERAL RETURNS FOR THE TAX YEARS 2010 AND BEYOND REMAIN SUBJECT TO POSSIBLE EXAMINATION BY THE INTERNAL REVENUE SERVICE. THE CENTER'S CALIFORNIA RETURNS FOR THE TAX YEARS 2009 AND BEYOND REMAIN SUBJECT TO POSSIBLE EXAMINATION BY THE FRANCHISE TAX BOARD. PART XI, LINE 4B - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE -59,765. PART XII, LINE 2D - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE 59,765. X X X X X X X 1 BRAKELEY BRISCOE INC 322 WEST BELLEVUE AVE SAN MATEO CA 94402 FUNDRAISING CONSULTANTS - SEE PART IV 0 0 21169 0 ESSEX & DRAKE FUND RAISING COUNSEL 1202 UNIVERSITY AVE SAN JOSE CA 95126 FUNDRAISING CONSULTANTS - SEE PART IV 0 0 31000 0 52169 CA LOBSTER CLAMBAKE 155016 66778 88238 1248 3644 57945 2750 82266 LVPAC PRESENTS JUDY COLLINS - GALA 16318 16318 652 2892 926 4 103560 19973 83587 500 2859 31686 1850 24280 274894 86751 188143 500 1248 7155 92523 4600 107472 213498 -25355 SCHEDULE G, PART I, LINE 2B BRAKELEY BRISCOE PROVIDES ONLY FUNDRAISING CONSULTING TO THE ORGANIZATION. BRAKELEY BRISCOE WILL NOT AT ANY TIME SOLICIT FUNDS, ASSETS, OR PROPERTY FOR CHARITABLE PURPOSES AND WILL NOT RECEIVE OR CONTROL FUND, ASSETS, OR PROPERTY SOLICITED FOR CHARITABLE PURPOSES. THEREFORE NO REVENUE WAS DIRECTLY DERIVED AND IDENTIFIABLE FROM THE SERVICE PROVIDED BY BRAKELEY BRISCOE. SCHEDULE G, PART I, LINE 2B ESSEX & DRAKE FUND RAISING COUNSEL PROVIDES ONLY FUNDRAISING CONSULTING TO THE ORGANIZATION. ESSEX & DRAKE FUND RAISING COUNSEL WILL NOT AT ANY TIME SOLICIT FUNDS, ASSETS, OR PROPERTY FOR CHARITABLE PURPOSES AND WILL NOT RECEIVE OR CONTROL FUND, ASSETS, OR PROPERTY SOLICITED FOR CHARITABLE PURPOSES. THEREFORE NO REVENUE WAS DIRECTLY DERIVED AND IDENTIFIABLE FROM THE SERVICE PROVIDED BY ESSEX & DRAKE FUND RAISING COUNSEL. A CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 680164610 1309114M9 2006-07-13 23830000 COMMUNITY THEATRE ACQUISITION AND CONSTRUCTION 0 0 0 A 1360000 24755359 1086511 478643 1795165 21395040 2007 0 0 1 1 A 0 0 0 0 0.00000 0.00000 0 0 0 A 0 0 0 0 1 0 NA 0 0 1 TRANSAMERICA LIFE INSURANCE 1.400000000000 1 1 0 A 1 DENISE WATKINS TO SUPPORT GENERAL OPERATIONS X 125000 125000 0 1 1 125000 JOAN SEPPALA MEMBER OF THE BOARD 36473 "THE INDEPENDENT", A NEWSPAPER OWNED BY JOAN SEPPALA (PRESIDENT) PROVIDED $34,729 WORTH OF NEWSPAPER ADVERTISEMENTS. 0 LEN ALEXANDER EXECUTIVE DIRECTOR 109777 THE ORGANIZATION CONTRACTED WITH MANAGEMENT CONSULTANTS FOR THE ARTS, INC. TO ENLIST THE SERVICES OF LEN ALEXANDER, AN EMPLOYEE OF MANAGEMENT CONSULTANTS. LEN SERVED AS THE EXECUTIVE DIRECTOR OF THE ORGANIZATION. 0 TOM MIZTE EXECUTIVE DIRECTOR 25758 THE ORGANIZATION CONTRACTED WITH MITZE PRODUCTIONS TO ENLIST THE SERVICES OF TOM MIZTE, THE PRESIDENT AND OWNER OF MITZE PRODUCTIONS. TOM MITZE SERVED AS THE EXECUTIVE DIRECTOR FOR THE ORGANIZATION FOR A PORTION OF 2013. 0 X 2 116370 FMV X AUCTION ITEMS 178 74795 SALES PROCEEDS X SUPPLIES 11 15229 COST X SPECIAL EVENT 10 11956 COST 0 0 1 0 FORM 990, PART III, LINE 3 DUE TO ACTIONS BEYOND THE ORGANIZATION'S CONTROL, IT WAS DETERMINED THAT THE ORGANIZATION WOULD BE UNABLE TO CARRY ON WITH THE REGIONAL THEATER BUILD OUT AND DEVELOPMENT. FORM 990, PART VI, SECTION A, LINE 3 THE CENTER CONTRACTED WITH MANAGEMENT CONSULTANTS FOR THE ARTS, INC. (MCA) TO PROVIDE MANAGEMENT SERVICES TO THE ORGANIZATION. LEN ALEXANDER, WHO IS AN EMPLOYEE OF MCA WORKED AS EXECUTIVE DIRECTORS FOR THE CENTER. IN TURN, THE CENTER PAYS MCA AN ANNUAL FEE FOR SERVICE PROVIDED. TOTAL FEES PAID FOR YEAR 2013 WERE $109,777. THE CENTER ALSO CONTRACTED WITH MITZE PRODUCTIONS UPON THE TERMINATION OF THE CONTRACT WITH MCA TO ENLIST THE SERVICES OF TOM MITZE. TOM SERVED AS EXECUTIVE DIRECTOR FOR A PERIOD IN 2013. TOTAL FEES PAID TO MITZE PRODUCTIONS IN 2013 WERE $25,758. FORM 990, PART VI, SECTION B, LINE 11 FORM 990 IS PREPARED BY THE ORGANIZATION'S AUDIT FIRM AND STAFF, REVIEWED BY THE BOARD FINANCE COMMITTEE AND APPROVED BY THE BOARD OF DIRECTORS PRIOR TO SUBMISSION TO THE INTERNAL REVENUE SERVICE. FORM 990, PART VI, SECTION B, LINE 12C EACH DIRECTOR AND OFFICER ANNUALLY SIGNS A STATEMENT THAT AFFIRMS THAT THEY HAVE RECEIVED A COPY OF THE ORGANIZATION'S CONFLICT OF INTEREST POLICY, HAS READ AND UNDERSTAND THE POLICY AND WILL COMPLY WITH IT. THE ORGANIZATION'S EXECUTIVE DIRECTOR MONITORS THE ORGANIZATION'S ACTIVITIES AND TRANSACTIONS THAT COME BEFORE THE BOARD FOR ANY POTENTIAL CONFLICT OF INTEREST IN ORDER TO ENSURE COMPLIANCE WITH EXISTING POLICIES. FORM 990, PART VI, SECTION B, LINE 15 THE PROCESS FOR DETERMINING COMPENSATION OF THE ORGANIZATION'S CEO, EXECUTIVE DIRECTOR OR TOP MANAGEMENT OFFICIALS INCLUDES COMPARABILITY DATA AND OUTSIDE RESEARCH. THE COMPENSATION IS APPROVED BY THE BOARD. FORM 990, PART VI, SECTION C, LINE 19 LVPAC MAKES ITS GOVERNMENT DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST. FORM 990, PART XI, LINE 9: UNCOLLECTIBLE PLEDGES -250,617. FORM 990, SCHEDULE K, PART I, COLUMN F: THE LIVERMORE VALLEY PERFORMING ARTS CENTER (LVPAC) WAS FORMED TO PROVIDE TWO THEATRICAL VENUES FOR COMMUNITY USE. THE 500-SEAT BANKHEAD THEATER WAS COMPLETED IN 2007. LVPAC'S MISSION WAS SPECIFICALLY DESCRIBED IN ITS TAX EXEMPT PURPOSES FILING AS "SUPPORTING TRI-VALLEY NONPROFIT PERFORMING ARTS GROUPS AND BE AVAILABLE TO SCHOOLS AND COLLEGES, GOVERNMENT LABORATORIES AND BUSINESSES FOR CULTURAL AND EDUCATIONAL ACTIVITIES." TO THAT END, LVPAC RENTS THE BANKHEAD THEATER TO A WIDE RANGE OF USER GROUPS ON A SHORT TERM BASIS IN FURTHERANCE OF ITS MISSION. FORM 990, PART VII, SECTION B. INDPENDENT CONTRACTORS THE ORGANIZATION PAYS LEGAL FEES TO INDEPENDENT CONTRACTORS FOR SERVICES RELATING TO THE CONSTRUCTION OF THE BANKHEAD THEATER AND THE ISSUANCE OF THE TAX EXEMPT BOND. THESE FEES ARE NOT REFLECTED IN THE FUNCTIONAL EXPENSES IN PART IX OF THE CORE 990 BECAUSE THEY'RE CAPITALIZED INTO THE CONSTRUCTION OR BOND ISSUANCE RESPECTIVELY. FORM 990, PART VIII, LINE 7(B), COLUMN (II); IMPARIMENT OF FIXED ASSETS: THE CENTER HAS INCURRED CONSTRUCTION IN PROGRESS EXPENDITURES TOTALING $6,619,136 AND BOND ISSUANCE COSTS OF $2,216,069 AS OF DECEMBER 31, 2013 RELATING TO THE SITE AND DESIGN DEVELOPMENT PHASE FOR A 2000-SEAT (REGIONAL) THEATER. COSTS INCLUDE ARCHITECTURAL, LEGAL AND CONSULTING FEES AND OTHER RELATED COSTS. IN 2011 THE STATE OF CALIFORNIA ADOPTED LEGISLATION THAT DISSOLVED THE STATE'S REDEVELOPMENT AGENCIES. THIS ACTION, WHICH WAS BEYOND THE CENTER'S CONTROL, HAS MADE THE FUTURE OF LVPAC'S REGIONAL THEATER PROJECT UNCLEAR. IN 2013 MANAGEMENT CONCLUDED THAT IT WOULD BE DIFFICULT FOR LVPAC TO PROCEED WITH THE REGIONAL THEATER. ACCORDINGLY, IN 2013 IMPAIRMENT LOSSES HAVE BEEN RECOGNIZED IN THE STATEMENT OF ACTIVITIES IN THE AMOUNT OF THE COSTS.