Supporting Document (a002bd41...)
City of Scottsdale — Regular Meeting and Work Study Session (2026-07-01)
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Meeting Date:
General Plan Element:
General Plan Goal:
ACTION
July 1, 2026
Economic Vitality
Sustain Scottsdale as a tourist destination
Hospitality and Promotional Agreement with Experience Scottsdaie and Fiesta Sports Foundation.
Adopt Resolution No. 13734 authorizing Contract No. 2026-122-COS with Scottsdale Convention &
Visitors Bureau, Inc. dba Experience Scottsdale and Fiesta Sports Foundation for hospitality,
promotional, tourism, and destination marketing services associated with Fiesta Sports Foundation
events.
BACKGROUND
The City of Scottsdale, Experience Scottsdale, and Fiesta Sports Foundation have maintained a long
standing relationship that has supported tourism, hospitality, destination awareness, and economic
activity in Scottsdale. Fiesta Sports Foundation events and activities, including the Fiesta Bowl and
Cactus Bowl, generate hotel stays, visitor spending, national and regional media attention, and
destination exposure during a period of significant visitor demand.
The proposed Agreement has a three-year term> with an optional three-year extension. While the
initial commitment is three years, the extension framework recognizes the long-term nature of the
College Football Playoff "New Year's Six" bowl game structure and provides the parties with an
opportunity to align the partnership with future semifinal and quarterfinal rotations. The agreement
formalizes each party's role and ties payments to measurable tourism, economic development, and
destination branding outcomes, subject to annual appropriation and performance review,
adjustment, and termination provisions.
ANALYSIS & ASSESSMENT
Under the proposed agreement. Fiesta Sports Foundation is required to ensure a minimum of 2,200
verified, contracted room nights annually in Scottsdale hotels and resorts that pay bed tax to the
City. Qualifying room nights may be associated with the Fiesta Bowl, Cactus Bowl, bowl teams,
bands, media, affiliated groups, and other Fiesta Sports Foundation-controlled, secured, or
sponsored events.
The parties acknowledge that Scottsdale hotels and resorts may not be able to accommodate the
full lodging demand generated by Fiesta Sports Foundation events and related activities. Room
Action Taken____________________________________________________________
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City Council Report | Hospitality and Promotional Agreement with Experience Scottsdale and
Fiesta Sports Foundation
nights in Paradise Valley hotels and resorts that are members of Experience Scottsdale must be
reported and may count toward the incentive payment calculation. Paradise Valley room nights do
not count toward the annual minimum requirement of 2,200 Scottsdale room nights.
The Agreement is structured as a performance-based tourism and promotional agreement and is
not unrestricted operating support. For each year that Fiesta Sports Foundation provides at least
2,200 qualifying Scottsdale room nights, the City will pay Fiesta Sports Foundation $275,000 and
Experience Scottsdale will pay Fiesta Sports Foundation $75,000, for a total annual base payment of
$350,000.
For verified room nights between 2,201 and 3,000, Experience Scottsdale will pay an additional
incentive of $250 per room. Qualifying Scottsdale and Paradise Valley room nights may be included
in calculating this incentive payment. Neither the City nor Experience Scottsdale is required to pay
Fiesta Sports Foundation more than $275,000 in any single fiscal year.
If Fiesta Sports Foundation provides fewer than 2,200 qualifying Scottsdale room nights, the City
may, in its sole reasonable discretion, reduce its payment on a pro-rata basis proportionate to the
reduction in documented room nights.
Fiesta Sports Foundation must make reasonable business efforts to collaborate with the City's
Senior Director of Economic Development and Tourism and Senior Director of Parks and Recreation
to identify and create a new event in Scottsdale that demonstrates measurable out-of-market
visitation and documented room-night production. Fiesta Sports Foundation must also collaborate
annually with the City and Experience Scottsdale on tourism-driven marketing initiatives intended to
increase out-of-state visitation and extend visitor stays.
The Agreement establishes specific marketing and destination-branding deliverables. Fiesta Sports
Foundation must include the City of Scottsdale logo in the official Fiesta Bowl game program and
team manual, provide City logo placement in at least two designated digital assets, and include
Scottsdale references in at least two national or regional media communications. Fiesta Sports
Foundation must also incorporate Scottsdale destination messaging into selected event marketing
materials and collaborate on creator campaigns. Fiesta Bowl Museum promotion, and destination
recognition during marquee events and hospitality experiences.
Fiesta Sports Foundation will provide an annual hospitality allocation to the City, including 24 Fiesta
Bowl tickets with pregame hospitality and 12 parking passes, 20 Cactus Bowl tickets with pregame
hospitality and 10 parking passes, priority access to purchase National Championship Game tickets
subject to availability, and up to 20 tickets annually for Fiesta Sports Foundation-controlled public
events hosted in Scottsdale.
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City Council Report | Hospitality and Promotional Agreement with Experience Scottsdale and
Fiesta Sports Foundation
The City may provide in-kind support with an estimated market value not to exceed $150,000
annually unless otherwise approved by City Council. In-kind support may include access to City-
owned or City-controlled outdoor advertising assets, tourism-focused marketing communications,
activation opportunities, facility use, fee reductions, permitting coordination, and police or
operational.
All in-kind support is subject to availability. City policies, operational capacity, public safety
requirements, existing contractual obligations, applicable fee schedules, and annual documentation.
The agreement does not grant Fiesta Sports Foundation automatic fee waivers, exclusive booking
rights, preferential facility access, or guaranteed City services.
Fiesta Sports Foundation may request use of City facilities, including Scottsdale Civic Center,
Scottsdale Stadium, WestWorld, Western Spirit: Scottsdale's Museum of the West, Indian School
Park and other athletic facilities, and designated public spaces. The Agreement does not grant Fiesta
Sports Foundation automatic fee waivers, preferential facility access, exclusive booking rights, or
guaranteed City services.
The City and Experience Scottsdale will assist in identifying appropriate Scottsdale practice facilities
for visiting teams, subject to availability, scheduling policies, maintenance considerations, and cost
recovery requirements. Police transport assistance for College Football Playoff or NCAA-required
team movements originating within Scottsdale may be provided subject to advance scheduling,
staffing availability, operational capacity, public safety priorities, cost recovery requirements, and
the annual in-kind cap.
Fiesta Sports Foundation must submit an Annual Compliance Report to the City by March 1
documenting compliance for the applicable April 1 through March 31 reporting year. The first report
is due March 1, 2027. The report must document Scottsdale and Paradise Valley room nights
separately, marketing and brand-integration deliverables, hospitality benefits, collaboration
activities, and any City-provided in-kind support. The form of Annual Compliance Report is
incorporated into the Agreement as Exhibit A.
The City will conduct a mid-term performance review before the fourth year of the Agreement.
Following the review, the parties will meet and confer regarding Fiesta Sports Foundation's
performance and any proposed changes to payments, in-kind support, performance measures, or
other agreement terms. If the parties cannot agree on proposed modifications, any party may
terminate the Agreement upon 90 days' written notice.
RESOURCE IMPACTS
The City's annual cash commitment is performance-based and will be paid from the Tourism
Development Fund, subject to annual appropriation. The adopted FY 2026/27 budget contemplated
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City Council Report | Hospitality and Promotional Agreement with Experience Scottsdale and
Fiesta Sports Foundation
an agreement with Fiesta Sports Foundation, and sufficient budget authority is included for the
City's obligations under the proposed agreement.
If Fiesta Sports Foundation provides at least 2,200 verified, contracted Scottsdale room nights, the
City will pay $275,000 annually. If Fiesta Sports Foundation provides fewer than 2,200 qualifying
Scottsdale room nights, the City may reduce the payment on a pro-rata basis. The City's maximum
annual cash exposure is $275,000.
Experience Scottsdale will pay $75,000 annually upon achievement of the 2,200-roohri-night
minimum and may pay an additional $250 for each verified room night between 2,201 and 3,000.
Experience Scottsdale's maximum annual cash exposure is $275,000.
The City may also provide in-kind support with an estimated market value capped at $150,000
annually unless otherwise approved by City Council. All City-provided in-kind support will be
documented through the annual compliance reporting process.
The Agreement is intended to generate measurable tourism and economic benefits through verified .
room nights, visitor activity, destination marketing, brand exposure, and event-related promotion.
STAFF RECOMMENDATION
Adopt Resolution No. 13734 authorizing Contract No. 2026-122-COS with Scottsdale Convention &
Visitors Bureau, Inc. dba Experience Scottsdale and Fiesta Sports Foundation for hospitality,
promotional, tourism, and destination marketing services associated with Fiesta Sports Foundation-
controlled events.
RESPONSIBLE DEPARTMENT
Tourism & Events
STAFF CONTACT
Kevin Burke, Senior Director Economic Development & Tourism, 480-312-2533,
kburke@scottsdaleaz.gov
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City Council Report | Hospitality and Promotional Agreement with Experience Scottsdaje and
Fiesta Sports Foundation
APPROVED BY
ScdSSi
6/18/26 13:15 MST
Scott Selrn
Date
Budget Director
(For Financial Policies Compliance and Budget Appropriation)
480-312-2603, sserm@scottsdaleaz.gov
KwkSufk
6/18/26 13:24 MST
Kevin Burke
Senior Director Economic Development & Tourism
480-312-2533, kburke@scottsdaleaz.gov
Date
^d^Voijjk
6/18/26 12:56 MST
Judy Doyle
Deputy City Manager
480-312-2691, idovle@scottsdaleaz.gov
Date
6/18/26
Greg Caton
City Manager
480-312-2850, gcaton@scottsdaleaz.gov
Date
Attachments
1. Resolution No. 13734
2. Contract No. 2026-122-COS
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RESOLUTION NO. 13734
A RESOLUTION OF THE COUNCIL OF THE CITY OF SCOTTSDALE.
MARICOPA COUNTY, ARIZONA. AUTHORIZING AGREEMENT NO. 2026-
122-COS. A HOSPITALITY AND PROMOTIONAL AGREEMENT WITH
EXPERIENCE SCOTTSDALE AND FIESTA SPORTS FOUNDATION TO
SUPPORT THE FIESTA AND CACTUS BOWLS AND RELATED EVENTS
WHEREAS, the City of Scottsdale (“City”), Experience Scottsdale and Fiesta Sports
Foundation (“FSF”) desire to enter into Contract No. 2026-122-COS related to support of the
Fiesta and Cactus Bowls and related events (“Events”); and
WHEREAS, the Agreement js for a six-year term with a mid-term performance review
occurring prior to the fourth year of the Agreement, after which any party may terminate the
agreement if the parties are unable to agree on any contract modifications resulting from the mid
term review; and
WHEREAS, the City desires to provide funds and other support for the Events, along with
Experience Scottsdale also providing funds and support, in exchange for FSF providing certain
deliverables to the City; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Scottsdale,
Maricopa County, Arizona, as follows:
Section 1. The City Council authorizes and directs the Mayor to execute, on behalf of the
City, Contract No. 2026-122-COS With Experience Scottsdale and FSF.
PASSED AND ADOPTED by the Council of the City of Scottsdale, Maricopa County,
Arizona this____day of____________ , 2026.
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
Lisa Borowsky, Mayor
APPROVED AS TO FORM:
h
Luis E. Santaell;
By: William Hyl
Deputy City Attorney
l|/City Attorney
19243347
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ATTACHMENT 1
Hospitality and Promotional Agreement
THIS AGREEMENT is made and entered into this___day of________
, 2026, by and between
the City of Scottsdale, a municipal corporation, (the “City”), Scottsdale Convention & Visitors Bureau,
Inc., dba Experience Scottsdale, an Arizona non-profit corporation ("Experience Scottsdale"), and
Fiesta Sports Foundation, an Arizona non-profit corporation (“FSF”).
WITNESSETH
A.
The Fiesta Sports Foundation and the Scottsdale community have had a long, mutually
beneficial relationship.
B.
The City, Experience Scottsdale and FSF desire to enter into an Agreement whereby FSF
guarantees certain deliverables, including that a minimum number of rooms will be occupied in
Scottsdale and Paradise Valley in connection with the FSF events and activities, including the Fiesta
Bowl and Cactus Bowl, in exchange for monetary and in-kind support by the City and Experience
Scottsdale.
C.
This Agreement is intended to benefit the City and Experience Scottsdale by promoting
measurable tourism, economic development and destination branding benefits for the City of
Scottsdale.
NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the
parties hereto agree as follows:
1.
TERM. The term of this Agreement is from July 1,2026, through June 30, 2032, subject to earlier
termination under Section 5 of this Agreement.
2.
FSF’S DELIVERABLES. FSF shall do the following during the entire term of this
Agreement:
2.1
FSF shall ensure a minimum of 2,200 room nights (as defined in Section 3) annually
in resorts and hotels that pay bed tax to the City, including but not limited to, bowl team, band,
media and affiliated group stays and attendees of other FSF controlled, secured or sponsored events.
The City, FSF, and Experience Scottsdale acknowledge that resorts and hotels that pay bed tax to the City
may not be able to accommodate the full lodging demand generated by the events and related activities.
To the extent lodging demand exceeds available capacity within the City, the parties recognize that such
excess demand may be accommodated by resorts and hotels located in Paradise Valley that are members
of Experience Scottsdale; provided, however, that such Paradise Valley room nights shall count towards
achievement of incentive payments under subsection 3.3, but;shall not count toward FSF’s annual
minimum Room Night obligation under subsection 3.2.
2.2
FSF shall make all reasonable business efforts to collaborate with the City’s Senior
Director of Economic Development and Senior Director of Parks and Recreation to identify and
create a new event to occur within the City of Scottsdale that demonstrates measurable out-of-market
visitation and documented room night production.
2.3
FSF shall make all reasonable business efforts to collaborate annually with the City
and Experience Scottsdale on tourism-driven marketing initiatives intended to increase out-of-state
visitation and extend visitor stays. Such initiatives may include, but not be limited to, co-branded
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ATTACHMENT 2
Contract No. 2026-122-COS
feeder market campaigns, collaboration on influencer campaigns, digital content integration across web
platforms, and development of a co-branded Scottsdale Fan Guide or similar tourism-focused marketing
materials.
2.3.1
All marketing initiatives under this subsection shall be subject to written
agreement by the parties (which approval shall not be unreasonably conditioned, withheld, or delayed),
annual marketing planning by the parties, and shall reasonably align with the City’s tourism
objectives.
2.4
FSF shall provide annually by March 1 a report to the City that documents FSF’s
compliance with the terms of this Agreement for the calendar year April 1 through March 31, including
documented evidence of room night requirements under subsection 2.1 and if applicable, subsections 3.2,
3.3, and 3.4; and satisfaction of the requirements of Section 2.5. The first such report shall be due March
1, 2027 for the year commencing April 1, 2026 and ending March 31, 2027. The form of Annual
Compliance Report is incorporated into this agreement as Exhibit A.
2.5
Enhanced Marketing and Brand Integration. FSF shall annually include Scottsdale
branding and destination recognition in marketing materials, media communications, and digital content
associated with FSF-controlled events, consistent with mutually agreed branding guidelines. At a
minimum, FSF shall:
2.5.1
Include City of Scottsdale logo in official Fiesta Bowl game program and team
manual.
2.5.2
Provide visible City of Scottsdale logo placement in not less than two designated
digital assets.
2.5.3
Include Scottsdale references where appropriate, but in not less than two national
and regional media communications.
2.5.4 Include Scottsdale destination messaging and branding in select event marketing
materials, digital advertising, social media content, email communications, and event collateral, subject to
available inventoiy and mutually agreed-upon guidelines.
2.5.5 Collaborate on mutually beneficial creator campaigns that authentically showcase
both Fiesta Sports Foundation events and the Scottsdale destination experience. Opportunities may
include coordinated creator itineraries, hosted experiences, local business features,-and destination
stoiytelling throughout bowl season and other key events.
2.5.6 Feature Scottsdale promotion at Fiesta Bowl Museum during bowl season.
2.5.7 Provide not less than two opportunities for Scottsdale destination recognition during
marquee FSF events and experiences, including hospitality programs, fan-facing activations, VIP
experiences, and tourism-related programming, where feasible.
2.6 Hospitality Benefits. FSF shall provide an annual hospitality allocation to the City,
including at a minimum:
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Contract No. 2026-122-COS
2.6.1 Twenty-Four (24) Fiesta Bowl tickets, inclusive of pregame hospitality and
twelve (12) parkiiig passes.
parking passes.
2.6.2 Twenty (20) Cactus Bowl tickets, inclusive of pregame hospitality, and ten (10)
availability.
Scottsdale.
2.6.3 Priority access to purchase National Championship Game tickets, subject to
2.6.4 Up to twenty (20) tickets annually for FSF-controlled public events hosted in
2.7 Sports and Event Bid Collaboration. FSF shall make all reasonable business efforts to
collaborate with the City and Experience Scottsdale in identifying and evaluating sports and
entertainment event opportunities that align with Scottsdale’s tourism objectives. Such collaboration shall
be non-exclusive and advisory in nature. If FSF assistance rises to the level of contracted services, a
separate written agreement establishing the terms of engagement will be required. Final decisions
regarding event pursuit, resource allocation, and contractual commitments are exclusively at the
discretion of the City.
3.
ROOM NIGHT THRESHOLDS AND PAYMENTS. Subject to adjustment in years 4, 5 and
6 as set forth in Section 5 of this Agreement, City and Experience Scottsdale shall make the following
payments annually during the term of the Agreement:
3.1
For the purposes of Subsection 2 and this Section 3, “room nights” means verified,
contracted room nights in hotels or resorts that pay bed tax to the City of Scottsdale that are occasioned
by a group booking for the Fiesta Bowl, Cactus Bowl or another FSF-controlled, secured, or sponsored
event. As used herein a “room night” is one hotel or resort room purchased for one night. Room nights
shall include contracted room nights in hotels or resorts in Paradise Valley for purposes of calculating FSF’s
achievement of incentive payment room night thresholds of Section 3.3.
3.2
For each fiscal year during the term that FSF provides not less than 2,200 room nights
required by subsection 2.1 of this Agreement, the City shall pay to FSF Two Hundred Seventy-Five
Thousand Dollars ($ 275,000) and Experience Scottsdale shall pay to FSF Seventy-Five Thousand Dollars
($75,000). Such payments aredue annually by March 31. If FSF’s documented room nights are below
2,200, the City may, at its sole reasonable discretion, make a reduced payment on a pro-rata basis to
FSF, proportionate to the reduction in booked room nights for the applicable period.
3.3
If FSF provides between 2,201-3,000 room nights, during a fiscal year, then in addition to
the payment specified in subsection 3.2, Experience Scottsdale shall pay to FSF an additional incentive
payment of Two Hundred Fifty Dollars ($250) per room.
3.4
For the avoidance of doubt, neither City nor Experience Scottsdale shall be required to
pay FSF more than Two-Hundred Seventy-Five Thousand Dollars ($275,000) under Section 3 in any single
fiscal year during the term of this Agreement.
4.
IN-KIND SUPPORT. The City and where noted. Experience Scottsdale, may provide in-kind
support as described in this Section 4. Subject to adjustment under Section 5 of this Agreement, the total
estimated market value of City-provided in-kind support shall not exceed One Hundred Fifty Thousand
Dollars ($150,000) annually (the “in-kind cap”) unless otherwise approved by City Council.
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Contract No. 2026-122-GOS
4.1
Outdoor Advertising. In the exercise of the City’s reasonable discretion, the City may
allow FSF access to City-owned or City-controlled outdoor advertising assets, including, but not limited
to, light banners, kiosks and designated parks’ signage. All in-kind placements shall be subject to
availability and scheduling constraints, must comply with City branding and design standards, shall be
included within the annual in-kind cap, and must not conflict with existing City sponsorship agreements,
which will be provided to FSF annually for planning purposes. Specific inventory, duration, and
placement locations will be mutually agreed upon by the City and FSF each year.
4.2
Marketing Initiatives. The City, Experience Scottsdale and FSF shall meet not less than
annually during the term to discuss tourism-driven marketing initiatives intended to increase out-of-state
visitation and extend visitor stays. Such initiatives shall include (and at the respective discretion of City
and Experience Scottsdale, may be limited to) the following:
4.3.1
Up to two (2) coordinated email placements annually through tourism marketing
channels for special ticket offers.
4.3.2
Inclusion in designated travel and holiday tourism content.
4.3.3
Inclusion in media pitches and destination storytelling where appropriate.
4.3
Activation Opportunities. FSF may aniiually request of the City four (4) activation
opportunities in mutually agreed upon designated public spaces to promote the Fiesta Bowl and up to four
(4) activation opportunities in mutually agreed upon designated public spaces to promote other FSF-
controlled events. Such requested activations are subject to the following:
4.4.1 Require standard permitting and operational review by the City.
4;4.2 Compliance with public safety and logistical requirements as determined by the
City.
4.4.3 May, in the City’s discretion, receive reduced use fees, subject to the in-kind cap.
4.4 Ancillary Events. The City and FSF may collaborate on ancillary events, such as fan
events, culinary activations and entertainment programming intended to drive earlier visitor arrivals and
extend stays in Scottsdale. Ancillary events are subject to the following:
requirements.
4.5.1
Shall require separate written event agreements.
4.5.2
Must address budget, cost recovery. City service impacts, and permitting
4.5.3
Are not guaranteed but subject to the City’s discretion.
4.5.4 Shall not create additional financial or staffing obligations for the City without
the City’s consent.
4.5 Local Business Promotional Activities. The City, in its reasonable discretion, may
collaborate with FSF and interested Scottsdale businesses to support optional, privately initiated
promotional activities during Fiesta Bowl week. Participation by local businesses shall be voluntary and
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Contract No. 2026-122-COS
coordinated independently by FSF or participating merchants. The City shall not be responsible for
merchant recruitment, product development or event media.
4.6
Use of City Facilities. FSF may request of the City use of City facilities, including, but
not limited to Scottsdale Civic Center, Scottsdale Stadium, WestWorld, Western Spirit; Scottsdale’s
Museum of the West, Indian School Park and other athletic facilities, and designated public spaces such
as Marshall Way Bridge, Stetson Plaza, Canal Banks, Soleri Plaza, and West Paseo. In coordination with
the Senior Director Economic Development, FSF requests for use of City facilities shall be made directly
to the responsible City department, or outside agency.
4.7.1
The City, in its reasonable discretion, may grant or deny FSF’s request. FSF’s
use of facilities shall be subject to the following;
4.7.1.1 Standard reservation and permitting procedures.
4.7.1.2 Shall not displace previously contracted events.
4.7.1.3 Shall comply with operational, public safety, and staffing requirements.
4.7.1.4 Shall be subject to applicable rental fees unless otherwise approved by
the City under subsection 4.9.
4.7.2
Nothing in this Agreement grants FSF preferential or exclusive booking rights
for the City’s facilities.
4.7
Practice Facilities. The City and Experience Scottsdale shall assist in identifying
appropriate practice facilities, located in the City of Scottsdale, for visiting teams subject to availability.
Parks & Recreation scheduling policies, maintenance considerations, and cost recovery requirements. The
City does not guarantee exclusive or priority access to such facilities.
4.8
Fee Reductions. The City, in its reasonable discretion, may reduce fees for use of City
facilities. The City does not guarantee any reduction in fees. Any reductions in fees shall be in writing and
shall be included in the aimual in-kind cap.
4.9
Provision of City Services. City services provided under this agreement shall be subject
to availability, operational capacity, and applicable policies. Nothing in this Agreement guarantees
automatic fee waivers or preferential treatment.
4.10.1 Police Transport Assistance. The City will provide police fransport assistance for
CFP/NCAA-required team movements originating within Scottsdale, subject to description of required
movements, advance scheduling, staffing availability, and public safety prioritiies.
4.10.1.1 Transport services shall be provided at cost recoveiy rates, unless
otherwise approved, are included within the annual in-kind cap, and shall not exceed a mutually agreed
annual service threshold.
4.10.1.2 The City retains discretion to modify or decline service requests based
on operational needs and will provide FSF notice of such changes as far in advance as possible, but not
later than forty-five (45) days prior to the CFP/NCAA sanctioned event.
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4.10.2 Police Security for Events. Police security for FSF-controlled events within
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Contract No. 2026-122-COS
Scottsdale shall be provided in accordance with established City fee schedules. The City will consider
reduced rates for police security for the Fiesta Bowl and the Cactus Bowl on an annual basis and may
exercise the same consideration for other FSF-controlled events on a case-by-case basis, subject to the
annual in-kind cap, event size, economic impact, and budget availability.
4.10.3 Permitting. The City shall coordinate internally to facilitate efficient review of
permit applications for FSF events. All permitting shall comply with applicable City codes and
regulations, follow standard review procedures, and be subject to operational and public safety
requirements. The City may expedite permit application processing, when feasible, but any such
expedited processing shall comply with all applicable regulations and be subject to public safety
considerations.
5. MID-TERM PERFORMANCE REVIEW: TERMINATION: ADJUSTMENT. The City shall
perform a mid-term performance review prior to the fourth year of this Agreement in which the City will
evaluate FSF’s performance under this Agreement. Following such review, the Parties shall meet and
confer in good faith regarding FSF’s performance and any proposed adjustments to the payment
obligations, in-kind support, performance metrics, or other terms of this Agreement. If the Parties are
unable to agree on any proposed modifications following the mid-term performance review, any Party
may terminate this Agreement upon ninety (90) days’ prior written notice to the other Parties. In addition,
any Party may terminate this Agreement upon thirty (30) days’ written notice to the other Parties if it
reasonably determines that another Party has materially failed to perform its obligations under this
Agreement, provided that such failure remains uncured at the expiration of such notice period.
Notwithstanding anything in this Agreement to the contrary, in the event that the Destination Marketing
Services Agreement by and between City and Experience Scottsdale is terminated or lapses during the
term hereof, as of the date of such lapse or termination. Experience Scottsdale shall have no further
obligations or liabilities hereunder and the City shall have no obligation to perform any of Experience
Scottsdale’s obligations under this Agreement.
6. INDEMNIFICATION. To the fullest extent permitted by law, each party, its successors, assigns
and guarantors (as “Indemnifying Party”), shall defend, indemnify and hold harmless the other party , its
agents, representatives, officers, directors, officials and employees (“Indemnified Party”) from and
against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including
but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting
and handling expense, incurred by the Indemnified Party related to, arising from or out of, or resulting
from any negligent or intentional actions, acts, errors, mistakes or omissions caused in whole or part by
the Indemnifying Party, and any work or services in the performance of this Agreement including, but not
limited to, any subcontractors, suppliers or others of the Indemnifying Party connected with the Event or
anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable and any injury or damages claimed by any of the Indemnifying Party’s customers or employees. .
7. INSURANCE. FSF shall purchase and maintain insurance during the term of this Agreement and
shall include and comply with coverages and limits as follows:
7.1 The following coverages are required as applicable;
7.1.1 If any vehicle is used in the performance of the scope of work that is the subject of
this contract, FSF must maintain Commercial/Business Automobile Liability insurance with a limit of not
less than $1,000,000 each occurrence with respect to FSF’s owned, hired, and non-owned vehicles.
7.1.2 Workers Compensation insurance to cover obligations imposed by federal and
state statutes having jurisdiction of FSF’s employees; and Employers’ Liability insurance of not less than
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Contract No. 2026-122-COS
$100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. If any
work is performed by third parties, FSF will cause the third parties to provide Workers Compensation and
Employers’ Liability to at least the same extent as required of FSF.
7.1.3
Commercial General Liability insurance on a per occurrence form with a limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual
Aggregate, and a $2,000,000 General Aggregate limit. The policy shall cover liability arising from
premises, operations, independent contractors, products-completed operations, personal injury and
advertising injury. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such
Excess insurance shall be "follow form" equal or broader in coverage scope than underlying.
7.1.4 If valet parking is offered by FSF, Garagekeepers Legal Liability with limits of not
less than $75,000 per vehicle.
7.1.5
If alcohol is sold at the Event by FSF or its subcontractor, liquor liability insurance
with a limit of not less than $5,000,000 for each occurrence and $5,000,000 aggregate.
7.2
For all insurance policies except Workers Compensation, City shall be included as an
additional insured. The policies must contain a waiver of subrogation against the City, its officers, officials,
agents, and employees, for losses arising from work performed related in any way to the event
7.3
The policies must contain a waiver of subrogation in favor of the City, its officers, officials,
agents, and employees for losses arising from work performed related in any way to the event
7.4
FSF’s insurance coverage, including any excess insurance policies, must be primary
insurance with respect to the City, its officers, officials, agents, and employees. Any insurance or self-
insurance maintained by the City, its officers, officials, agents, and employees must be in excess of the
coverage provided by the FSF and must not contribute to it
7.5
If FSF receives notice that any of the required policies of insurance are materially reduced
or cancelled, it will be FSF’s responsibility to provide prompt notice of same to the City’s contract
administrator, unless such coverage is immediately replaced with similar policies.
7.6
City’s Risk Management Division may increase or change required insurance coverage and
limits from time to time depending on the size, scope and nature of the activities of the Event. No reduction
in coverage or policy limits is effective without the written approval of City’s Risk Manager or designee.
7.7
Use of Subcontractors. If any work under this Agreement is subcontracted in any way,
FSF shall execute a written agreement with Subcontractor that does not negate the indemnification and
insurance protections afforded the City under this Agreement. FSF shall be responsible for executing the
agreement with Subcontractor and obtaining Certificates of Insurance verifying the insurance requirements.
7.8
Required insurance shall be issued by insurance companies licensed to do business in the
State of Arizona, or from qualified non-admitted insurers who are authorized to do business in the State of
Arizona.
7.9
By requiring the insurance stated in this Contract, the City of Scottsdale does not represent
that coverage and limits will be adequate to protect FSF. City of Scottsdale reserves the right to review any
and all of the insurance policies and/or endorsements required by in this Contract but has no obligation to
do so. Failure to demand any evidence of full compliance with the insurance requirements stated in this
Contract or failure to identify any insurance deficiency does not relieve FSF from, nor shall it be considered
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Contract No. 2026-122-COS
a waiver of, its obligation to maintain the required insurance at all times during the performance of this
Contract.
7.10 FSF shall provide City, within thirty (30) days of the start date of this Agreement,
certificates of insurance and the accompanying endorsements as evidence that the required insurance
coverages and limits are in full force and effect.
8.
RECORDS AND AUDIT RIGHTS. FSF’s records (hard copy, as well as computer readable data),
and any other supporting evidence considered necessary by the City to substantiate charges and claims
related to this contract are open to inspection and subject to audit and/or reproduction by City’s authorized
representative to the extent necessary to adequately permit evaluation and verification of the cost of the
work, and any invoices, change orders, payments or claims submitted by FSF or any of FSF’s payees in
accordance with the terms of the contract. The City’s authorized representative must be given access, at
reasonable times and places, to all of FSF’s relevant records and concerned personnel in accordance with
the provisions of this Section throughout the term of this contract and for a period of 3 years after last or
final payment.
FSF shall ensure that records necessary to substantiate changes and claims by subcontractors who
perform work under this contract are made available for City inspection and subject to audit and/or
reproduction by; inserting a provision requiring subcontractors to comply with this Section in a written
agreement between FSF and subcontractor; or obtaining the relevant documents from the subcontractor.
If an audit in accordance with this Section discloses overcharges of any nature by the FSF to the
City in excess of 1% of the total contract billings, the cost of the City’s audit, but not exceeding the amount
of the overcharge, will be reimbursed to the City by the FSF. Any adjustments and/or payments which
must be made as a result of any audit or inspection of the FSF’s invoices and/or records will be made within
a reasonable amount of time (not to exceed 90 days) from presentation of City’s findings to FSF.
9.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and
supersedes all previous representations, written or oral, with respect to the services specified herein. This
Agreement may not be modified or amended except by a written document, signed by authorized
representatives of each party.
10.
ARIZONA LAW. This Agreement shall be governed and interpreted according to the laws of the
State of Arizona.
11.
ASSIGNMENT. Services covered by this Agreement shall not be assigned or sublet in whole or
in part without the prior written consent of the other party.
12.
SUCCESSORS AND ASSIGNS. This Agreement shall extend to and be binding upon both
parties, its successors and assigns, including any individual, company, partnership, or other entity with or
into which either party shall merge, consolidate, or be; liquidated, or any person, corporation, partnership,
or other entity to which either party shall sell its assets.
13.
ATTORNEY’S FEES. In the event any party to this Agreement brings any action for any relief,
declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the
prevailing party shall be entitled to receive from the other party reasonable attorney's fees and reasonable
costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued
on the commencement of such action and shall be enforceable whether or not such action is prosecuted to
judgment. Should either party believe any breach or default has occurred, it shall notify the other party in
writing as to the nature of the dispute. The parties will have a 30-day period, upon receipt of notice, to
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Contract No. 2026-122-COS
remedy the breach or default.
14.
INDEPENDENT CONTRACTOR. The relationship between the Parties shall be that of
independent contractors for purposes including tax law purposes Md engagement law purposes and not
that of employer-employee, principal-agent, partners, joint ventures, or otherwise;
15.
NOTICES. All notices or demands required to be given pursuant to the terms of this Agreement
shall be given to the other party in writing, delivered by hand or registered or certified mail at the
addresses set forth below, or to such other address as the parties may substitute by written notice given in
the manner prescribed in this paragraph.
In the case of FSF:
Attention: Erik Moses, Executive Director & CEO
Fiesta Sports Foundation
7135 E CamelbackRd #190
Scottsdale, AZ 85251
In the case of Experience Scottsdale:
Attention: Rachel Sacco, President & CEO
Scottsdale Convention & Visitors Bureau
4250 N. Drinkwater Blvd. Ste. 300
Scottsdale, AZ 85251
In the case of City:
Attention: SmicffESrectorEconcmcEtevelopmait&Tourism
City of Scottsdale
7447 E. Indian School Road, Suite 300
Scottsdale, AZ 85251
Notices shall be deemed received on date delivered if delivered by hand and on the delivery date indicated
on receipt if delivered by certified or registered mail.
16.
APPROPRIATION. The City’s obligations under this Agreement are conditioned on the
availability of funds, appropriated or allocated, for the payment of such obligation. The City may
terminate this Agreement with reasonable advance notice if the City Council fails to appropriate funds
sufficient to allow the City to fulfill its obligations under this Agreement.
17.
CAPTIONS. The captions used in this Agreement are solely for the convenience of the
parties, do not constitute a part of this Agreement, and are not to be used to construe or interpret this
Agreement.
18.
SEVERABILITY. If any term or provision of this Agreement shall be found to be illegal or
unenforceable, then notwithstanding such illegality or unenforceability, this Agreement shall remain
in full force and effect and such term or provision shall be deemed to be deleted.
19.
AUTHORITY. Each party hereby warrants and represents that it has full power and authority
to enter into and perform this Agreement, and that the person signing on behalf of each has been
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Contract No. 2026-122-COS
properly authorized and empowered to enter into this Agreement. Each party further acknowledges
that it has read this Agreement, understands it, and agrees to be bound by it.
20.
INTELLECTUAL PROPERTY. Each party hereby grants the other party a non-exclusive
license to use the trademarks, trade names and related intellectual property rights related to the
promotion requirement and obligations under this Agreement; provided, however, no party shall use
the trademarks, trade names, logos or other intellectual property rights of another party without such
other party’s prior written consent in each instance, which consent may be granted, withheld, conditioned,
or revoked in such party’s reasonable discretion. All approved uses shall comply with the applicable
party’s branding guidelines and instructions, as may be provided from time to time, so as to maintain the
integrity and goodwill of the parties to this Agreement. Notwithstanding anything contained herein,
neither party shall have any ownership rights in the other party's trademarks, trade names, logos or
other intellectual property rights.
21.
CONFLICT OF INTEREST. This Agreement is subject to cancellation for conflict of interest as
provided by A.R.S. § 38-511.
22.
MISCELLANEOUS.
22.1
Employment of Unauthorized Workers. FSF shall comply with A.R.S. §23-211, et seq.
and all other applicable federal, state and local laws and regulations that relate to FSF’s employees
(collectively, the “Unauthorized Worker Laws”). FSF shall cause its contractors to comply with the
Unauthorized Worker Laws as respects the contractors’ employees. Without limitation, FSF warrants and
represents pursuant to A.R.S. §41-4401(A)(1) that FSF and its contractors comply with A.R.S. §23-
214(A). Pursuant to A.R.S. §41-4401(A)(2), a breach of this paragraph shall be a material breach of this
Agreement and an event of default, which shall entitle City to exercise any and all remedies described in
this Agreement or otherwise available at law or equity, including without limitation termination of this
Agreement. However, pursuant to A.R.S. §41-4401(C), FSF shall not be deemed to be in material breach
of the warranty if FSF and its contractors establish that they have complied with the employment
verification provisions prescribed by §274A and §2746 of the Federal Immigration and Nationality Act
and the E-Verify requirements prescribed by A.R.S. §23-214(A). City shall have the right to inspect the
records and papers of FSF and its employees, and of FSF’s contractors and their employees, to ensure that
FSF and its contractors are in compliance with this paragraph.
22.2
Force Maieure. If any of the obligations of either party is hindered or prevented, in
whole or in substantial part, because of a “Force Majeure Event”, such parly shall not be liable to the
other party or be in breach of this Agreement; provided, however, that all other obligations of the parties
shall continue and when such Force Majeure Event has ceased, the parties shall negotiate in good faith
regarding an adjustment of their rights and obligations under this Agreement. In each such case, the party
affected by a Force Majeure Event shall promptly notify the other party of such event or occurrence and
shall exert commercially reasonable efforts to overcome such event or occurrence, and resume
performance of its obligations with all possible speed. A "Force Majeure Event" shall mean causes
beyond the control of the parties, including, but not limited to; an act of God; inevitable accident; fire;
labor dispute; riot or civil commotion; act of public enemy; governmental act; acts or significant threats of
war or terrorism; regulation or rule; failure of technical facilities; national day of mourning; emergency
announcement or news bulletin; inability to obtain supplies; delays in transportation; embargoes; increase
in the national terror alert level that prohibits holding the events; or any other reason beyond the control
of the parties that is generally regarded as force majeure. Delays or non-performance excused by this
provision shall not excuse performance of any other obligation which is outstanding at the time of
occurrence.
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Contract No. 2026-122-COS
22.3 Counterparts; E-Sign. This Agreement may be signed in one or more counterparts which,
taken together, shall constitute one and the same instrument. This Agreement may be signed or delivered
electronically, including via DocuSign.
[SIGNATURE PAGE FOLLOWS]
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Contract No. 2026-122-COS
ATTEST:
CITY OF SCOTTSDALE, an Arizona
municipal corporation
Ben Lane, City Clerk
APPROVED AS TO FORM:
Luis E. Santaella,/;ity Attorney
By: William Hylen, Deputy City Attorney
Lisa Borowsky, Mayor
SCOTTSDALE CONVENTION & VISTIORS BUREAU, INC., dba Experience Scottsdale
By:
Rachel R. Sacco, President and CEO
FIESTA SPORTS FOUNDATION
By:,
Erik Moses, Executive Director & CEO
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Contract No. 2026-122-COS
FORM OF ANNUAL COMPLIANCE REPORT
Hospitality and Promotional Agreement
City of Scottsdaie, Experience Scottsdale, and Fiesta Sports Foundation
1. Report information
Field
Reporting Year
Reeponee
Date Submitted
FSF Contact Name
Title
Email
Phone
City Agreement Reference
Hospitality and Promotional Agreement among the City of Scottsdale, Experience Scottsdale,
and Fiesta Sports Foundation_______________________________________________ _
2. Purpose of Report
This Annual Compliance Report is submitted by Fiesta Sports Foundation (“FSF") to the City of Scottsdale to document FSF's
compliance with the Hospitality and Promotional Agreement (“Agreement") for the applicable April 1 through March 31 reporting
year.
3. Room Night Summary
FSF Shall report all verified, contracted room nights associated with the Fiesta Bowl, Cactus Bowl, or another FSF-controlled event. Including room
nights In hotels or resorts located in Scottsdale and Paradise Valley.
For purposes of determining compliance with the annual minimum requirement, qualifying Scottsdale room nights are verified, contracted room
nights In hotels or resorts that pay bed tax to the City of Scottsdale. Paradise Valley room nights shall be reported separately. Paradise Valley room
nights do not count toward the Agreement's 2,200 minimum mom night threshold.
_____
Hotel / Resort Name
Jurisdiction
Scottsdale or
Paradise Valley
Event or Group
Group Type
Arrival
Date
Departure
Date
Total
Room
Nights
Verification
Attached?
Room Night Total
Amount
Total Qualifying Scottsdale Room Nights
Total Paradise Valley Room Nights
Total Reported Room Nights
□ FSF met or exceeded the annual minimum requirement of 2,200 qualifying Scottsdale room nights.
□ FSF did not meet the annual minimum requirement of 2,200 qualifying Scottsdale room nights.
4. Payment Threshold Summary
Based on the qualifying room nights repotted above, FSF believes the Allowing annual room-night threshold applies:
□ Fewer than 2,200 qualifying Scottsdale room nights
□ 2,201 to 3,000 qualifying Scottsdale and Paradise Valley room nights
Payment threshold claimed, if any:______________________________________
5. Marketing and Brand Integration
Please check each item completed during the reporting year and identify the supporting attachment and provide a brief explanation.
Requirement
Completed?
Attachment / Brief Explanation
Scottsdale logo In official Fiesta Bowl game program
and team manual
□ Yes
□ No
□ N/A
Form of Annual Compliance Report
Page 1 of 3
Exhibit A to Contract 2026-122-COS
19287313
Requirament
Completed?
Attachment I Brief Explanation
City of Scottsdale logo placement in at least two
designated digital assets
Scottsdale references in at least two media
communications
□ Yes
□ No
□ N/A
□ Yes
□ No
□ N/A
Scottsdale destination messaging in event marketing
materials, social media, email communications, or event
collateral
□ Yes
□ No
□ N/A
Collaboration on creator campaigns that showcase both
FSF events and the Scottsdale destination experience
□ Yes
□ No
□ N/A
Scottsdale promotion at Fiesta Bowl Museum during
bowl season
□ Yes
□ No
□ N/A
At least two Scottsdale destination recognitions during
marquee FSF events or hospitality experiences
□ Yes
□ No
□ N/A
6. Hospitality Benefits
Please Identify the hospitality benefits provided to the City during the reporting year.
Benefit
Quantity
Required
Quantity
Provided
Date Provided
Notea
Fiesta Bowrt tickets
24
Fiesta Bowl parking passes
12
Cactus Bowl tickets
20
Cactus Bowl parking passes
10
Priorily access to purchase National
Championship Game tickets, subject to
availability
As applicable
Tickets for FSF-controlled public events hosted
in Scottsdale__________________________
Up to 20
7. Coilaboration with City and Experience Scottsdale
Please briefly summarize collaboration with the City and Experience Scottsdale during the reporting year.
Activity
Parties Involved
Date or Time Period Status / Outcome
Notes
Tourism-driven marketing initiatives
New Scottsdale event discussions
Sports and entertainment event bid
collaboralion
Other coordination
8. City In-Kind Support, if Applicable
Please identify any City-provided in-kind support requested or received during the reporting year, including use of City facilities, outdoor advertising,
activation opportunities, permitting support, police semces, fee reductions, or other City services.
Type of Support
Date Requested
Date Provided
City Department or
Contact
Estimated Value,
If known
Notes
9. Attachments
Please check the supporting materials attached to this report.
□ Hotel room block agreements
□ Hotel pickup reports
□ Hotel verification letters
□ Group booking summaries
□ Marketing screenshots or examples
Form of Annual Compliance Report
Page 2 of 3
Exhibit A to Contract 2026-122-COS
19287313
□ Social media or email examples
□ Media communications
□ Event collateral
□ Hospitality benefit records
□ Meeting summaries
□ Permit, facility, or City service documentation
□ Other:___________________________
10. Exceptions or Explanations
Please Identify any incomplete, delayed, or not applicable items and provide a brief explanation.
11. Certification
By signing below, the undersigned authorized representative of Fiesta Sports Foundation certifies that, to the best of their
knowledge, information, and belief, the information contained in this Annual Compliance Report and the supporting materials
attached hereto are true, accurate, and complete, and are submitted to document FSF's compliance with the Hospitaiity and
Promotional Agreement for the reporting year identified above.
Fiesta Sports Foundation__________________________________________
By:______________________________________________________________
Name:_______________ __ _________________________________________
Title:___________________________________________________________
Date:____________________________________________________________
12. City Use Only
Date Received:___
Reviewed By:_____
□ Room-night documentation complete
□ Additional information requested
□ Minimum room-night threshold met
□ Minimum room-night threshold not met
Payment Recommendation / Notes:
Form of Annual Compliance Report
Page 3 of 3
Exhibit A to Contract 2026-122-COS
19287313