2020-07-06T15:53:42-05:00 2019-08-31 946214841 ARMANINO LLP 12657 ALCOSTA BLVD STE 500 SAN RAMON CA 945834600 990 2018-09-01 941679756 BERKELEY REPERTORY THEATRE BERK 5106472900 999 HARRISON STREET BERKELEY CA 94710 HENNING MATHEW TREASURER 5106472900 2020-06-26 1 KATY BROWN P00650274 9257902600 2020-06-23 34.100.94.8 2020-06-26 15:21:47 MD P DA39A3EE5E6B4B0D3255BFEF95601890AFD80709 6AE0CC722C89A446E906F875ADA98DB731A76FE5 2018 2021-01-29 14:40:06Z SUSAN MEDAK 999 HARRISON STREET BERKELEY CA 94710 24031753 0 X WWW.BERKELEYREP.ORG X 1968 CA THE THEATRE PRODUCES PREMIERS OF NEW WORK AND MAJOR PRODUCTIONS FROM AN INTERNATIONAL REPERTOIRE. 29 27 456 1000 -51994 0 7387418 7999143 13687127 12681975 221180 302574 -305028 -135169 20990697 20848523 30000 29757 0 0 11217402 11612584 86311 0 1047081 9411992 10597355 20745705 22239696 244992 -1391173 48315488 74817761 19497646 47676412 28817842 27141349 X PLEASE SEE SCHEDULE O FOR THE COMPLETE MISSION STATEMENT. 0 0 16727311 29757 12290478 BERKELEY REP WELCOMED OVER 190,000 ATTENDEES TO 425 PERFORMANCES OF NINE PRODUCTIONS:- A DOLL'S HOUSE, PART 2, BY LUCAS HNATH AND CO-PRODUCED WITH HUNTINGTON THEATRE COMPANY.- FAIRVIEW, BY JACKIE SIBBLIES DRURY, A CO-COMMISSION AND PRODUCED IN ASSOCIATION WITH SOHO REP. THE PLAY WAS AWARDED THE PULITZER PRIZE IN DRAMA IN 2019.- PARADISE SQUARE: A NEW MUSICAL, BOOK BY MARCUS GARDLEY, THE LARGEST SHOW THAT HAS APPEARED ON A BERKELEY REP STAGE, WITH A 32-MEMBER CAST AND EIGHT-PIECE BAND.- METAMORPHOSES, BY MARY ZIMMERMAN AND CO-PRODUCED WITH THE GUTHRIE THEATRE.- HOME, BY GEOFF SOBELLE.- THE GOOD BOOK, BY DENIS O'HARE AND LISA PETERSON.- KISS MY AZTEC!, CO-WRITTEN BY JOHN LEGUIZAMO AND TONY TACCONE, AND DEVELOPED AND PRODUCED WITH THE EXTRAORDINARY SUPPORT OF THE ROY COCKRUM FOUNDATION.OUR 2018-19 SEASON INCLUDED A NUMBER OF MAJOR INFRASTRUCTURE-BUILDING PROJECTS. THIS YEAR WE COMPLETED THE FIRST PHASE OF A TWO-PART ENERGY UPGRADE WITH PG&E AND TRANSITIONED ALL NON-THEATRICAL LIGHTING AT OUR HARRISON STREET CAMPUS TO LED FIXTURES. THIS RETROFIT HAS RESULTED IN AN ANNUAL $24,000 REDUCTION IN OUR UTILITY BILLS. TO ADDRESS MOUNTING HOUSING COSTS, BERKELEY REP HAS SECURED LOW-INTEREST FINANCING THROUGH SIGNATURE BANK TO BUILD 45 APARTMENT UNITS ON A SITE NEXT TO THE RODA AND PEET'S THEATRES IN DOWNTOWN BERKELEY. THIS LEED GOLD-CERTIFIED BUILDING ALSO WILL INCLUDE TWO SPACES FOR THE SCHOOL OF THEATRE, AN OUTDOOR TERRACE, AND AN 88-FOOT VIDEO DISPLAY MARQUEE. THE 2018/19 SEASON ALSO CELEBRATED TONY TACCONE'S FINAL YEAR AS ARTISTIC DIRECTOR. HIS SUCCESSOR, JOHANNA PFAELZER, JOINED THE ORGANIZATION ON A PART-TIME BASIS TO AID IN THE LEADERSHIP TRANSITION. 863038 534449 BERKELEY REP IS PROUD TO RUN ONE OF THE MOST COMPREHENSIVE ARTS EDUCATION PROGRAMS OF ANY PROFESSIONAL ARTS ORGANIZATION IN CALIFORNIA, WITH YEAR-ROUND ONSITE CLASSES FOR CHILDREN, TEENS, AND ADULTS AND ARTS EDUCATION PROGRAMMING FOR GRADE 2-12 CLASSROOMS IN 75 BAY AREA SCHOOLS. DURING THE 2018-19 SEASON, THE BERKELEY REP SCHOOL OF THEATRE ENGAGED 22,614 CHILDREN, TEENS, AND ADULTS THROUGH IN-CLASS WORKSHOPS, ONSITE CLASSES, STUDENT MATINEES, TEEN COUNCIL ACTIVITIES, INTERACTIVE EVENTS TIED IN WITH OUR MAINSTAGE SHOWS, AND EXHIBITIONS OF STUDENT WORK. THE SCHOOL OF THEATRE ALSO EXTENDED 63 FULL AND PARTIAL SCHOLARSHIPS TOTALING $29,757 IN PROGRAM SERVICES TO ENSURE THAT LOW-INCOME STUDENTS COULD ACCESS ONSITE CLASSES AT THE SCHOOL.BERKELEY REP WELCOMED OVER 2,000 STUDENTS TO SIX STUDENT MATINEE PERFORMANCES IN THE 2018-19 SEASON. PERFORMANCES THAT ARE A PART OF THE STUDENT MATINEE SERIES ARE RESERVED EXCLUSIVELY FOR STUDENT GROUPS AT ONLY $10 PER TICKET.BERKELEY REP'S GROUNDBREAKING TEEN PROGRAMMING, INCLUDING THE TEEN COUNCIL AND YOUNG WRITERS OF COLOR COLLECTIVE (YWOCC), SERVES APPROXIMATELY 400 GRADE 9-12 STUDENTS A YEAR FROM ALL OVER THE BAY AREA.EACH YEAR, BERKELEY REP'S NEXT GENERATION FELLOWSHIP PROGRAM HELPS TO PREPARE 15 COLLEGE GRADUATES FOR FUTURE LEADERSHIP ROLES IN THEATRE MANAGEMENT AND PRODUCTION. THE PROGRAM IS ALSO BERKELEY REP'S PRIMARY MEANS OF RECRUITING AND TRAINING EXCEPTIONAL CANDIDATES OF COLOR WITH THE GOAL OF DIVERSIFYING ITS OWN WORKFORCE AND INCREASING THE MULTIPLICITY OF VOICES IN THE FIELD. 429195 IN JUNE, BERKELEY REP HOSTED 18 PROJECTS AT ITS EIGHTH GROUND FLOOR SUMMER RESIDENCY LAB. IN ALL, 85 PLAYWRIGHTS, DIRECTORS, COMPOSERS, ACTORS, AND OTHER ARTISTS ASSEMBLED AT OUR HARRISON STREET CAMPUS TO COLLABORATE, SHARE IDEAS, AND FORGE NEW ARTISTIC RELATIONSHIPS. BERKELEY REP'S INVESTMENT IN NEW PLAY DEVELOPMENT CONTINUES TO INTRODUCE RELEVANT, SMART, ORIGINAL PLAYS INTO THE REPERTOIRE OF AMERICAN THEATRE. 95397 OF THE NINE PRODUCTIONS DURING THE SEASON, BERKELEY REP PRODUCED TWO SPECIAL EVENT PRESENTATIONS:- PIKE ST., WRITTEN AND PERFORMED BY NILAJA SUN.- LEFT LEANING AND ALWAYS RIGHT, BY THE CHICAGO-BASED SKETCH COMEDY TROUPE THE SECOND CITY. 95397 18019544 1 1 0 0 0 0 0 0 0 1 1 0 0 0 1 1 1 0 0 0 0 0 0 0 1 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 170 0 1 456 1 1 1 0 0 0 0 1 1 0 0 0 0 0 0 X 29 27 0 0 1 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 CA X X JARED HAMMOND FINANCE DIRECTOR 5106472955 999 HARRISON STREET BERKELEY CA 94710 GAIL WAGNER PRESIDENT (START 6/19) 1.00 X X 0 0 0 STEWART OWEN PRESIDENT (THRU 5/19) 1.00 X X 0 0 0 FELICIA WOYTAK VICE PRESIDENT (START 6/19) 1.00 X X 0 0 0 CARRIE AVERY VICE PRESIDENT (THRU 5/19) 1.00 X X 0 0 0 SCOTT HABER VICE PRESIDENT (THRU 5/19) 1.00 X X 0 0 0 HENNING MATTHEW TREASURER (START 6/19) 1.00 X X 0 0 0 RICHARD SHAPIRO TREASURER (THRU 5/19) 1.00 X X 0 0 0 LEONARD X ROSENBERG SECRETARY 1.00 X X 0 0 0 MICHELLE BRANCH CHAIR, GOVERNANCE COMMITTEE 1.00 X X 0 0 0 KERRY FRANCIS CHAIR, AUDIT COMMITTEE 1.00 X 0 0 0 BERIT ASHLA TRUSTEE 1.00 X 0 0 0 EDWARD D BAKER TRUSTEE 1.00 X 0 0 0 MARC BLAKEMAN TRUSTEE (THRU 11/18) 1.00 X 0 0 0 DAVID COX TRUSTEE 1.00 X 0 0 0 AMAR DOSHI TRUSTEE (THRU 6/19) 1.00 X 0 0 0 ROBIN EDWARDS TRUSTEE 1.00 X 0 0 0 LISA FINER TRUSTEE (THRU 6/19) 1.00 X 0 0 0 JILL FUGARO TRUSTEE 1.00 X 0 0 0 KAREN GALATZ TRUSTEE 1.00 X 0 0 0 BRUCE GOLDEN TRUSTEE 1.00 X 0 0 0 STEVEN GOLDIN TRUSTEE 1.00 X 0 0 0 DAVID HOFFMAN TRUSTEE (THRU 6/19) 1.00 X 0 0 0 MICHAEL KOSSMAN TRUSTEE 1.00 X 0 0 0 JONATHAN C LOGAN TRUSTEE 1.00 X 0 0 0 JANE MARVIN TRUSTEE (THRU 2/19) 1.00 X 0 0 0 SANDRA MCCANDLESS TRUSTEE 1.00 X 0 0 0 PAMELA NICHTER TRUSTEE (THRU 6/19) 1.00 X 0 0 0 SUDHA PENNATHUR TRUSTEE 1.00 X 0 0 0 LAURA SEVERINO TRUSTEE 1.00 X 0 0 0 ROGER STRAUCH TRUSTEE (START 6/19) 1.00 X 0 0 0 JEAN STRUNSKY TRUSTEE (START 6/19) 1.00 X 0 0 0 KELLY TOMLINSON TRUSTEE 1.00 X 0 0 0 STEVE C WOLAN TRUSTEE 1.00 X 0 0 0 SUSAN MEDAK SEE SCH J MANAGING DIRECTOR 40.00 X X 1443562 0 23992 ANTHONY TACCONE SEE SCH J TRUSTEE, ARTISTIC DIRECTOR 40.00 X X 1548655 0 32620 LYNN EVE KOMAROMI DIRECTOR OF DEVELOPMENT 40.00 X 157538 0 21914 THERESA VON KLUG GENERAL MANAGER 40.00 X 152841 0 32699 SUZANNE PETTIGREW CONTROLLER 40.00 X 142689 0 16401 3445285 0 127626 9 0 1 0 HUDSON SCENIC STUDIO INC PO BOX 817 YONKERS NY 10702 SCENERY CONSTRUCTION 531682 SAN FRANCISCO CHRONICLE PO BOX 80070 PRESCOTT AZ 86304 ADVERTISING 264283 MOGO MARKETING & MEDIA INC 21 TAMAL VISTA BLVD STE 207 CORTE MADERA CA 94925 MARKETING 226600 GILIBERTO DESIGNS INC 142 W 36TH ST NEW YORK NY 10018 COSTUME CONSTRUCTION 193700 UPTIME USA INC 3470 MT DIABLE BLVD STE A130 LAFAYETTE CA 94549 IT SUPPORT 170353 11 757325 64400 7177418 220379 7999143 ADMISSIONS/SPECIAL PERFORMANCES 711110 8212666 8212666 CO-PRODUCTION REVENUE 711110 3037101 3037101 TUITION/EDUCATION 711110 534449 534449 CONCESSIONS 711110 405099 405099 SERVICE CHARGES 711110 364660 364660 128000 128000 12681975 148508 148508 238349 238349 46637 480 410474 5313 -363837 -4833 -368670 -172869 -195801 2559672 2405606 154066 154066 154066 352155 757325 352155 0 2557 9682 -7125 -7125 MISCELLANEOUS REVENUE 711110 2277 2277 2277 20848523 12792324 -51994 109050 29757 29757 1256533 757985 311229 187319 8385200 6555517 1382948 446735 1146683 954456 127467 64760 824168 678134 97919 48115 10239 10239 99074 99074 29676 29676 981821 852180 24742 104899 945486 181269 724085 40132 190364 115347 50223 24794 671670 671670 554951 523246 20587 11118 809423 794428 13803 1192 476219 452831 11853 11535 943731 895017 24357 24357 409430 396202 7252 5976 HOUSING 1635685 1635685 PRODUCTION MATERIALS 1373596 1373596 MISCELLANEOUS 937608 718208 172524 46876 CREDIT CARD FEES 404102 309736 65093 29273 124280 124280 22239696 18019544 3173071 1047081 442428 30888892 4018882 127067 6898114 7189753 371214 243554 745715 728256 47129028 16602074 30175916 30526954 5434168 4992940 229051 120345 48315488 74817761 817766 432914 4499794 4269161 32896756 11405103 9594950 2774983 482631 19497646 47676412 X 17442792 15452442 7978486 8292343 3396564 3396564 28817842 27141349 48315488 74817761 X -1391173 -258413 -26907 X X 0 1 X 1 0 X 7764816 8322851 6942336 7387418 7787435 38204856 7764816 8322851 6942336 7387418 7787435 38204856 3824813 34380043 317186 284821 263242 191516 173606 1230371 368431 377347 315699 310023 354432 1725932 41161159 59702320 0.83530 0.85150 X RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 4977979 109750 8147 638602 4457274 4810546 100 218326 50993 4977979 4341982 2400 490563 24399 4810546 4116679 57173 191008 22878 4341982 4139533 171725 -170452 24127 4116679 0.20480 0.76200 0.03320 0 0 2802299 2802299 37772633 13716250 24056383 3091315 2470795 620520 3462781 415029 3047752 30526954 EXECUTIVE RETIREMENT PLAN 482631 482631 X 21021649 -258413 -26907 -285320 21306969 29676 -488122 -458446 20848523 22698142 488122 488122 22210020 29676 29676 22239696 PART V, LINE 4: THE PURPOSE OF THE ENDOWMENT FUNDS IS TO FURTHER THE CHARITABLE AND EDUCATIONAL PURPOSES OF BERKELEY REPERTORY THEATRE BY PROVIDING GENERAL SUPPORT IN MEETING THE OPERATING AND PROGRAM NEEDS OF BERKELEY REPERTORY THEATRE, AS DETERMINED BY BERKELEY REPERTORY THEATRE'S BOARD OF TRUSTEES. A DONOR MAKING A CONTRIBUTION TO THE ENDOWMENT FUND MAY IMPOSE SPECIFIC USE RESTRICTIONS (A "RESTRICTED PURPOSE") ON THE DONOR'S CONTRIBUTION, PROVIDED THAT ANY SUCH RESTRICTION MUST BE CLEARLY STATED IN THE DONOR'S GIFT INSTRUMENT. IF AT ANY TIME IN THE JUDGMENT OF THE BOARD OF TRUSTEES IT IS IMPOSSIBLE OR IMPRACTICABLE TO CARRY OUT EXACTLY THE RESTRICTED PURPOSE IN THE MANNER REQUESTED BY THE DONOR, A PURPOSE AND MANNER AS NEAR AS IS PRACTICABLE TO THE RESTRICTED PURPOSE SHALL BE DETERMINED BY THE BOARD OF TRUSTEES. PART X, LINE 2: THE THEATRE IS A QUALIFIED ORGANIZATION EXEMPT FROM FEDERAL INCOME AND CALIFORNIA FRANCHISE TAXES UNDER THE PROVISIONS OF SECTIONS 501(C)(3) OF THE INTERNAL REVENUE CODE AND 23701(D) OF THE CALIFORNIA REVENUE AND TAXATION CODE, RESPECTIVELY. THE THEATRE EVALUATES ITS TAX POSITIONS TAKEN OR EXPECTED TO BE TAKEN TO DETERMINE WHETHER THE TAX POSITIONS ARE "MORE-LIKELY-THAN-NOT" OF BEING SUSTAINED BY THE APPLICABLE TAX AUTHORITY. TAX POSITIONS NOT DEEMED TO MEET THE "MORE-LIKELY-THAN-NOT" THRESHOLD ARE RECORDED AS AN EXPENSE IN THE APPLICABLE YEAR. AS OF AUGUST 31, 2019, THE THEATRE DOES NOT HAVE ANY SIGNIFICANT UNCERTAIN TAX POSITIONS FOR WHICH A RESERVE WOULD BE NECESSARY. THE THEATRE FILES UNITED STATES OF AMERICA ("U.S.") FEDERAL, AND U.S. STATE TAX RETURNS. FOR U.S. STATE TAX RETURNS, THE THEATRE IS GENERALLY NO LONGER SUBJECT TO TAX EXAMINATIONS FOR YEARS PRIOR TO 2013. FOR U.S. FEDERAL TAX RETURNS, THE THEATRE IS NO LONGER SUBJECT TO TAX EXAMINATION FOR YEARS PRIOR TO 2014. PART XI, LINE 2D - OTHER ADJUSTMENTS: LOSS FROM INTEREST RATE SWAP -26,907. PART XI, LINE 4B - OTHER ADJUSTMENTS: SPECIAL EVENT EXPENSES -211,132. RENTAL EXPENSES -415,787. GROSS UP - ADVERTISING 126,373. GROSS UP - RENTAL INCOME 12,424. PART XII, LINE 2D - OTHER ADJUSTMENTS: SPECIAL EVENT EXPENSES 211,132. RENTAL EXPENSES 415,787. GROSS UP - ADVERTISING -126,373. GROSS UP - RENTAL INCOME -12,424. GALA DINNER & AUCTION 1109480 757325 352155 156761 118338 51058 25998 1109480 757325 352155 156761 118338 51058 25998 352155 0 1 SCHOLARSHIP 63 0 29757 FMV DIRECTLY CREDITED TO STUDENT ACCOUNT PART I, LINE 2: SCHOLARSHIPS ARE MADE TO STUDENTS ATTENDING BERKELEY REPERTORY THEATRE'S SCHOOL OF THEATRE. SCHOLARSHIP FUNDS DIRECTLY REDUCE COSTS OF ATTENDANCE. ALL APPLICANTS ARE ASKED TO SUBMIT A FINANCIAL AID APPLICATION DEMONSTRATING THEIR NEED. A COPY OF THE TAX RETURN IS REQUIRED. APPLICATIONS REMAIN ON FILE. THE SCHOOL OF THEATRE DIRECTOR, ASSOCIATE DIRECTOR, AND ADMINISTRATOR EVALUATE REQUESTS AND SCALE AWARD IN RELATION TO AGI, ADJUSTING FOR EXTENUATING CIRCUMSTANCES, PREVIOUS AWARDS, AND PARTICIPATION IN SCHOOL OF THEATRE. X X X X X 0 1 0 0 0 0 0 0 0 SUSAN MEDAK SEE SCH J MANAGING DIRECTOR 135941 0 0 0 1307621 0 16200 0 7792 0 1467554 0 1000000 0 ANTHONY TACCONE SEE SCH J TRUSTEE, ARTISTIC DIRECTOR 292046 0 0 0 1256609 0 16200 0 16420 0 1581275 0 1000000 0 LYNN EVE KOMAROMI DIRECTOR OF DEVELOPMENT 157538 0 0 0 0 0 9602 0 12312 0 179452 0 0 0 THERESA VON KLUG GENERAL MANAGER 152841 0 0 0 0 0 9322 0 23377 0 185540 0 0 0 SUZANNE PETTIGREW CONTROLLER 142689 0 0 0 0 0 8609 0 7792 0 159090 0 0 0 PART I, LINE 4B 2018 REPORTED COMPENSATION AMOUNTS FOR SUSAN MEDAK AND ANTHONY TACCONE INCLUDE THE VESTING OF $652,087 FOR MS. MEDAK AND $655,275 FOR MR. TACCONE OF 457(F) DEFERRED COMPENSATION THAT VESTED IN 2018 BASED ON IRS RULES AND THE PROVISIONS OF THE THEATRE'S DEFERRED COMPENSATION PLAN. THE PLAN WAS ORIGINALLY ESTABLISHED IN 2012 TO PROVIDE RETIREMENT SAVINGS FOR MS. MEDAK AND MR. TACCONE IN RECOGNITION OF THEIR 20+ YEAR CAREERS SERVING THE THEATRE. ADDITIONALLY, THE 2018 REPORTED COMPENSATION AMOUNTS ALSO INCLUDE THE VESTING OF $655,534 FOR MS. MEDAK AND $600,334 FOR MR. TACCONE RESULTING FROM VOLUNTARY SALARY DEFERRALS THAT THEY CONTRIBUTED TO THE PLAN OVER THE YEARS IT WAS IN EFFECT. THESE AMOUNTS ARE EXCLUDED FROM REMUNERATION FOR PURPOSES OF SECTION 4960 BECAUSE THEY VESTED IN A FISCAL YEAR THAT BEGAN PRIOR TO 12/31/17. A CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY 352273601 2019-03-22 32910239 CONSTRUCTION/CAPITAL PROJECTS 0 0 0 A 31829 33085921 326749 481627 5520896 26907716 2021 0 0 1 1 A 0 0 0 0 0 0 0 A 0 1 0 0 0 0 0 0 0 A 0 SCHEDULE K, PART II, LINE 3: TOTAL PROCEEDS OF ISSUE INCLUDES $175,682 OF CUMULATIVE INTEREST EARNED ON PROCEEDS HELD IN AN INTEREST-BEARING ACCOUNT. X 7 60591 FMV X 1 18000 FMV X OTHER 7 141788 FMV 1 0 1 1 PART I, COLUMN (B): THIS NUMBER REPRESENTS THE NUMBER OF CONTRIBUTIONS MADE, NOT THE NUMBER OF ITEMS CONTRIBUTED. PART I, LINE 32B: CARS DONATED TO BERKELEY REPERTORY THEATRE ARE SOLD BY CHARITABLE AUTO RESOURCES, INC. FOR A FEE. NET PROCEEDS ARE RECEIVED BY BERKELEY REPERTORY THEATRE. FORM 990, PART VI, SECTION A, LINE 4 THE ORGANIZATION MADE SIGNIFICANT UPDATES TO ITS BYALWS IN REGARDS TO THE TERMS OF OFFICE FOR TRUSTEES AND OFFICERS; SPECIFICALLY UPDATING THE NUMBER OF MEMBERS, THE DURATION OF TERMS, RESPONSIBILITIES AND RELATED INTERNAL COMMITTEES. FORM 990, PART VI, SECTION B, LINE 11B THE MANAGING DIRECTOR, IN CONSULTATION WITH THE BOARD OR FINANCE COMMITTEE, AS THE MANAGING DIRECTOR DEEMS APPROPRIATE, IS RESPONSIBLE FOR THE TIMELY PREPARATION OF THE RETURN. THE MANAGING DIRECTOR SHALL PROVIDE THE FINANCE COMMITTEE WITH A SUBSTANTIALLY COMPLETE FORM 990 SUFFICIENTLY IN ADVANCE OF THE FILING DEADLINE TO ENABLE A DETAILED AND CONSCIENTIOUS REVIEW BY THE MEMBERS OF THE FINANCE COMMITTEE. SUBSEQUENTLY, THE BOARD WILL BE INVITED TO REVIEW THE FORM 990 IN ITS ENTIRETY IN ADVANCE OF THE FILING DEADLINE. FORM 990, PART VI, SECTION B, LINE 12C THE ORGANIZATION'S CONFLICT OF INTEREST POLICY COVERS ALL TRUSTEES, THE MANAGING DIRECTOR AND ARTISTIC DIRECTOR. NO TRUSTEE MAY USE HIS OR HER POSITION AT THE ORGANIZATION FOR PERSONAL GAIN OR TO BENEFIT ANOTHER AT THE EXPENSE OF THE ORGANIZATION, ITS MISSION, OR ITS REPUTATION. NEW TRUSTEES MUST SIGN THE CONFLICT OF INTEREST DISCLOSURE STATEMENT AFFIRMING THEY HAVE READ THE CONFLICT OF INTEREST POLICY, ARE NOT AWARE OF ANY DIRECT OR INDIRECT FINANCIAL OR OTHER MATERIAL INTEREST THAT IS REQUIRED TO BE DISCLOSED, AND WILL PROMPTLY REPORT ANY FUTURE SITUATION THAT MIGHT CONSITUTE A CONFLICT OF INTEREST. ANNUAL SIGNATURES ARE NOT REQUIRED. IF A CONFLICT OF INTEREST FAILS TO BE DISCLOSED THE BOARD WILL INVESTIGATE THE SITUATION AND TAKE APPROPRIATE DISCIPLINARY AND CORRECTIVE ACTION AS NECESSARY. FORM 990, PART VI, SECTION B, LINE 15 COMPENSATION FOR THE ARTISTIC DIRECTOR AND THE MANAGING DIRECTOR IS NEGOTIATED BY THE BOARD PRESIDENT AND A COMMITTEE OF THE BOARD OF TRUSTEES AND APPROVED BY THE BOARD THROUGH ITS APPROVAL OF WRITTEN EMPLOYMENT AGREEMENTS AND THE ANNUAL BUDGET PROCESS. THE BOARD (OR A BOARD COMMITTEE) REVIEWS DATA GATHERED FROM THEATRE COMMUNICATIONS GROUP AND OTHER PUBLIC DATA, TAKING INTO ACCOUNT INDIVIDUAL PERFORMANCE AND THE COST OF LIVING IN THE BERKELEY, CALIFORNIA AREA. THE BOARD REGULARLY EVALUATES THE PERFORMANCE OF THE ARTISTIC DIRECTOR AND MANAGING DIRECTOR. OTHER SALARIES ARE SUGGESTED BY MANAGEMENT AND APPROVED THROUGH THE BUDGET PROCESS. FORM 990, PART VI, SECTION C, LINE 19 BERKELEY REPERTORY THEATRE'S FINANCIAL STATEMENTS ARE ANNUALLY PROVIDED TO DUN AND BRADSTREET. FINANCIAL STATEMENTS FOR MOST RECENTLY COMPLETED FISCAL YEAR ARE AVAILABLE ON OUR WEBSITE AND UPON REQUEST. FORM 990, PART XI, LINE 9: LOSS FROM INTEREST RATE SWAP -26,907. FORM 990, PART XII, LINE 2C: THE PROCESS HAD NOT CHANGED FROM THE PRIOR YEAR.