2013-07-23T17:47:28-05:00 2012-12-31 942763139 BERGER LEWIS ACCOUNTANCY CORP 55 ALMADEN BLVD STE 600 SAN JOSE CA 95113 990 2012-01-01 680419182 LIVERMORE VALLEY PERFORMING ARTS CENTER LIVE 9253736100 2400 FIRST STREET LIVERMORE CA 94550 LEN ALEXANDER 9253736100 2013-07-12 1 LAWRENCE S KUECHLER P00233621 4084941200 2013-07-16 2012 2016-02-24 21:20:13Z LEN ALEXANDER 2400 FIRST STREET LIVERMORE CA 94550 2603022 0 X WWW.LIVERMOREPERFORMINGARTS.ORG X 1998 CA TO ESTABLISH AND OPERATE A WORLD-CLASS PERFORMING ARTS CENTER IN THE TRI-VALLEY. 20 19 50 173 0 0 1949765 1177223 1226065 1239161 3842 1424 42825 74711 3222497 2492519 0 0 0 0 915416 930624 0 23572 233632 2973299 2937816 3888715 3892012 -666218 -1399493 33681445 32296031 24461279 24475358 9220166 7820673 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 0 3236716 1191034 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 2012, OVER 170 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, CHANTICLEER, OTTMAR LIEBERT, CALIFORNIA THEATRE CENTER, THE CAPITOL STEPS, LINES BALLET, THE FOUR FRESHMEN, EDGAR WINTER, AND THE LIVERMORE-AMADOR SYMPHONY. LVPAC AGAIN HOSTED ITS ANNUAL GUITAR FESTIVAL, WHICH BROUGHT VISITORS TO DOWNTOWN LIVERMORE AND ALSO PRESENTED FRIDAY NIGHTS LIVE, A SERIES OF 13 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. 94841 56800 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. AROUND 10,000 PEOPLE WERE SERVED DURING THE YEAR. 33907 IN 2011 DESIGN WORK FOR THE 2,000 SEAT REGIONAL PERFORMING ARTS THEATER WAS BROUGHT TO COMPLETION AND THE INITIAL BUILDING PERMIT WAS ISSUED. 3365464 1 1 0 1 0 0 0 0 0 0 1 0 0 1 0 1 1 0 0 0 0 0 0 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 1 7 0 50 1 0 0 0 0 0 1 1 0 0 0 0 X 20 19 1 1 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 CA X X REANNA GOUCHER 9253736100 2400 FIRST STREET LIVERMORE CA 94550 PHILIP R WENTE 1.00 X X 0 0 0 JOAN K SEPPALA 1.00 X X 0 0 0 MICHAEL BOCCHICCHIO 1.00 X X 0 0 0 JEAN KING 1.00 X X 0 0 0 NANCY BANKHEAD 1.00 X 0 0 0 JAY DAVIS 1.00 X 0 0 0 MICHAEL W FABER 1.00 X 0 0 0 CHRIS GRANT 1.00 X 0 0 0 RO KHANNA 1.00 X 0 0 0 STEVE KING 1.00 X 0 0 0 JOSEPH MADDEN 1.00 X 0 0 0 MICHAEL MADDEN - TO MARCH 2012 1.00 X 0 0 0 LAYNE MARCEAU 1.00 X 0 0 0 MORTIMER L MENDELSOHN 1.00 X 0 0 0 REGINA LIANG MUEHLHAUSER 1.00 X 0 0 0 THOMAS REITTER 1.00 X 0 0 0 DOUGLAS SIROTTA 1.00 X 0 0 0 CHARLES SMITH 1.00 X 0 0 0 DONALD TISHMAN 1.00 X 0 0 0 DENISE WATKINS 1.00 X 0 0 0 DONNA WILCOX 1.00 X 0 0 0 LEN ALEXANDER 40.00 X 0 0 0 CAROL CONRAD 40.00 X 65750 0 1200 65750 0 1200 0 0 0 0 CARR MCCLELLAN INGERSOLL THOMPSON & HORN PO BOX 513 BURLINGAME CA 940110513 LEGAL SERVICES 302449 MANAGEMENT CONSULTANTS FOR THE ARTS INC 400 MAIN STREET SUITE 400 STAMFORD CT 06901 MANAGEMENT SERVICES 149931 2 55096 526820 595307 31751 1177223 THEATER REVENUE 711110 1182361 1182361 BOTHWELL STUDIO 711110 56800 56800 1239161 1242 1242 16470 0 16470 16470 16470 509 327 182 182 182 38892 55096 38892 0 118232 71284 46948 46948 MISC REFUNDS 900099 8673 8673 QUALIFIED SPONSORSHIP 900099 2620 2620 11293 2492519 1247834 0 67462 66950 220 66730 658647 542739 115908 134390 105575 10360 18455 70637 52978 6357 11302 152719 76359 45816 30544 18410 18410 43670 43670 23572 23572 8938 4470 2681 1787 177590 177590 152467 133596 11069 7802 80685 68583 6051 6051 111326 106874 2226 2226 12821 7643 2219 2959 29872 28678 597 597 842798 834372 4213 4213 12067 11585 241 241 LOAN FEES 598600 583635 7123 7842 ARTIST PAYMENTS 491367 491367 FACILITY & EQUIPMENT 112949 112949 BAD DEBT EXPENSE 65020 65020 26517 26251 133 133 3892012 3365464 292916 233632 786624 914914 972529 194823 2770685 2276391 7231 15142 15066 25137 24184375 4433928 20591505 19750447 8537805 9119177 33681445 32296031 398293 353772 232986 241586 23830000 23480000 400000 24461279 24475358 X 6010647 5040242 2469519 2040431 740000 740000 9220166 7820673 33681445 32296031 -1399493 0 X 0 1 X 1 0 X 1147564 5768926 1544566 1949765 1177223 11588044 1147564 5768926 1544566 1949765 1177223 11588044 3599237 7988807 190348 31925 5887 15901 17712 261773 903290 8205 62881 4741 11293 990410 12840227 4840468 0.62220 0.57430 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 1 1 0 1 0 1 37764 1 0 0 37764 0 EXPLANATION OF LOBBYING ACTIVITIES: PART II-B, LINE 1: DURING 2012, LVPAC ENGAGED A LOBBYING FIRM TO ASSIST IN MAKING A CASE TO CALIFORNIA LEGISTLATORS FOR OVERTURNING OR AMENDING PREVIOUSLY ENACTED LEGISLATION CONCERNING CALIFORNIA REDEVELOPMENT AGENCIES THAT HAD A SERIOUS DETRIMENTAL AFFECT ON LVPAC'S FUTURE DEVELOPMENT OF A REGIONAL THEATER. LVPAC EXPENDED A TOTAL OF $37,764 ON THESE EFFORTS. LVPAC BOARD MEMBERS AND STAFF WERE INVOLVED IN THESE EFFORTS. 740000 740000 22548934 3943354 18605580 21729 19500 2229 146494 134528 11966 727218 336546 390672 19750447 CONSTRUCTION IN PROGRESS 6619136 BOND ISSUANCE COSTS, NET 2500041 9119177 X 2758063 194260 194260 2563803 -71284 -71284 2492519 4157556 194260 71284 265544 3892012 0 3892012 DESCRIPTION OF UNCERTAIN TAX POSITIONS UNDER FIN 48: PART X, LINE 2: GENERALLY ACCEPTED ACCOUNTING PRINCIPLES 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 FEDERAL RETURNS FOR THE YEARS ENDED DECEMBER 31, 2010, 2009 AND 2008 COULD BE SUBJECT TO EXAMINATION BY FEDERAL TAXING AUTHORITIES, GENERALLY FOR THREE YEARS AFTER THEY ARE FILED. THE CENTER'S STATE RETURNS FOR THE YEARS ENDED DECEMBER 31, 2010, 2009, 2008 AND 2007 COULD BE SUBJECT TO EXAMINATION BY STATE TAXING AUTHORITIES, GENERALLY FOR FOUR YEARS AFTER THEY ARE FILED. PART XI, LINE 4B - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE -71,284. PART XII, LINE 2D - OTHER ADJUSTMENTS: CONCESSIONS EXPENSE 71,284. 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 23572 0 23572 CA WINTER GALA - ABBA 28638 25204 3434 497 2721 216 SPRING GALA - ALMOST ELTON JOHN 28137 24425 3712 595 2877 240 2 37213 5467 31746 179 1230 8594 3560 18183 93988 55096 38892 179 2322 14192 3560 18639 38892 0 PROFESSIONAL FUNDRAISING SERVICE 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. A CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY 680164610 1309114M9 2006-07-13 23830000 COMMUNITY THEATRE ACQUISITION AND CONSTRUCTION 0 0 0 A 350000 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 JOAN SEPPALA MEMBER OF THE BOARD 32735 "THE INDEPENDENT", A NEWSPAPER OWNED BY JOAN SEPPALA (PRESIDENT) PROVIDED $32,735 WORTH OF NEWSPAPER ADVERTISEMENTS. 0 LEN ALEXANDER EXECUTIVE DIRECTOR 152719 THE ORGANIZATION CONTRACTED WITH MANAGEMENT CONSULTANTS FOR THE ARTS, INC. TO ENLIST THE SERVICES OF LEN ALEXANDER, AN EMPLOYEE OF MANAGEMENT CONSULTANTS. LEN SERVES AS THE EXECUTIVE DIRECTOR OF THE ORGANIZATION. 0 X 1 9869 FAIR MARKET VALUE X SPECIAL EVENT SUPPLIES 7 2720 COST X SUPPLIES 23 8656 COST X AUCTION ITEMS 75 10506 SALES PROCEEDS 0 0 1 0 FORM 990, PART VI, SECTION A, LINE 2 JOSEPH MADDEN AND MICHAEL MADDEN, BOTH BOARD MEMBERS, ARE BROTHERS. 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 WORKS AS EXECUTIVE DIRECTOR FOR THE CENTER. IN TURN, THE CENTER PAYS MCA AN ANNUAL FEE FOR SERVICE PROVIDED. TOTAL FEES PAID FOR YEAR 2012 WERE $152,719. 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. PURPOSE OF BOND ISSUANCE 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. FEES NOT REFLECTED IN EXPENSES ON RETURN: 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.