1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to January 9, 2012, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after January 9, 2012, age 62 for new local miscellaneous members, age 50 for classic local safety members entering membership in the safety classification on or prior to January 9, 2012, age 55 for classic local safety members entering membership for the first time in the safety classification after January 9, 2012, and age 57 for new local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and after February 1, 1981, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
April 7, 2026, Item #8
6 of
17 Resolution
No.
26-
Page
4 {c)
Public
Agency's
agreement
with
a third
party
other
than
CalPERS
to
provide
retirement
benefits,
provisions,
or
formulas
that
are
different
than
the
retirement
benefits,
provisions
or
formulas
provided under
this
Contract
and
provided
for
under
the
California
Public
Employees'
Retirement
Law.
4. Employees
of
Public
Agency
in
the
following
classes
shall
become
members
of
said Retirement
System
except
such
in
each
such
class
as
are
excluded
by
law
or
this
agreement:
a.
Local
Fire
Fighters
(herein
referred
to
as
local
safety
members);
b.
Employees
other
than
local
safety
members
(herein
referred
to
as
local
miscellaneous
members).
5. In
addition
to
the
classes
of
employees
excluded
from
membership
by
said
Retirement
Law,
the
following
classes
of
employees
shall
not
become
members
of
said
Retirement
System:
a.
POLICE
OFFICERS.
6. This
contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Poway
Municipal
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
7. This contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Pomerado
County
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
8. The
percentage
of
final
compensation
to
be
provided
for
each year
of
credited
prior
and
current
service
as
a
classic
local
miscellaneous
member
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21354
of
said
Retirement
Law
(2%
at
age
55 Full).
April 7, 2026, Item #8
7 of
17 Resolution
No.
26-
Page
5 9.
The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
current
service
as
a
classic
local
miscellaneous
member
entering
membership
for
the
first
time
in
the
miscellaneous
classification
after
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21353
of
said
Retirement
Law
(2%
at
age
60 Full).
10. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
new
local
miscellaneous
member
shall
be
determined
in
accordance
with
Section
7522.20
of
said
Retirement
Law
(2%
at
age
62 Full).
11. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
classic
local
safety
member
entering
membership
in
the
safety
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21362.2
of
said
Retirement
Law
(3%
at
age
50 Full).
12. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
current
service
as
a
classic
local
safety
member
entering
membership
for
the
first
time
in
the
safety
classification
after
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21363
.1
of
said
Retirement
Law
(3%
at
age
55 Full).
13. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
new
local
safety
member
shall
be
determined
in
accordance
with
Section
7522.25(d)
of
said
Retirement
Law
(2.7%
at
age
57 Full).
14 .
Public
Agency
elected
and
elects
to
be
subject
to
the
following
optional
provisions: a.
Section
20903
(Two
Years
Additional
Service
Credit)
for
local
miscellaneous
members
only
.
b.
Section
20042
(One-Year
Final
Compensation)
for
those
classic
local
miscellaneous
members
entering
membership
on
or
prior
to
January
9,
2012.
c.
Section
21574.5
(Indexed
Level
of
1959
Survivor
Benefits).
d.
Section
21548
(Pre-Retirement
Option
2W
Death
Benefit).
e.
Section
21024
(Military
Service
Credit
as
Public
Service)
.
April 7, 2026, Item #8
8 of
17 Resolution
No.
26-
Page
6 f.
Section
20475
(Different
Level
of
Benefits):
Section
21353
(2%
@
60 Full
formula)
and
Section
20037
(Three-Year
Final
Compensation)
are
applicable
to
classic
local
miscellaneous
members
entering
membership
for
the
first
time
with
this
agency
in
the
miscellaneous
classification
after
January
9,
2012.
Section
21363.1
(3%@
55 Full
formula)
is
applicable
to
classic
local
safety
members
entering
membership
for
the
first
time
with
this
agency
in
the
safety
classification
after
January
9,
2012.
15. Public
Agency,
in
accordance
with
Government
Code
Section
20834,
shall
not
be
considered
an
"employer"
for
purposes
of
the
Public
Employees'
Retirement
Law.
Contributions
of
the
Public
Agency
shall
be
fixed
and
determined
as
provided
in
Government
Code
Section
20834,
and
such
contributions
hereafter
made
shall
be
held
by
the
Board
as
provided
in
Government
Code
Section
20834.
16. Public
Agency
shall
contribute
to
said
Retirement
System
the
contributions
determined
by
actuarial
valuations
of
prior
and
future
service
liability
with
respect to
local
miscellaneous
members
and
local
safety
members
of
said
Retirement
System.
17. Public
Agency
shall
also
contribute
to
said
Retirement
System
as
follows:
a.
Contributions
required
per
covered
member
on
account
of
the
1959
Survivor
Benefits
provided
under
Section
2157
4.5 of
said Retirement
Law.
(Subject
to
annual
change.)
In
addition,
all
assets
and
liabilities
of
Public
Agency
and
its
employees
shall
be
pooled
in
a
single
account,
based
on
term
insurance
rates,
for
survivors
of
all
local
miscellaneous
members
and
local
safety
members.
b.
A
reasonable
amount,
as
fixed
by
the
Board,
payable
in
one
installment
within
60 days
of
date
of
contract
to
cover
the
costs
of
administering
said
System
as
it
affects
the
employees
of
Public
Agency,
not
including
the
costs
of
special
valuations
or
of
the
periodic
investigation
and
valuations
required
by
law.
c.
A
reasonable
amount,
as
fixed
by
the
Board,
payable
in
one
installment
as
the
occasions
arise,
to
cover
the
costs
of
special
valuations
on
account
of
employees
of
Public
Agency,
and
costs
of
the
periodic
investigation
and
valuations
required
by
law.
April 7, 2026, Item #8
9 of 17
Resolution No. 26-
18. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
19. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
~
B. This a~--.... ment shall be effective on the day of II~ --------- BOARD OF ADMl~TRATION
PUBLIC EMPLOY°ii~jl.ETIREMENT SYSTEM
cS}~ ~,,
BY ~~
MELODY BENAVIDES, CHIEF~
PENSION CONTRACTS AND PR~NDING
PROGRAMS DIVISION O~
PUBLIC EMPLOYEES' RETIREMENT~.STEM
AMENDMENT CalPERS 10 # 1599501570
PERS-CON-702A
CITY COUNCIL
CITY OF POWAY
BY __ ~-----------
PRESI~ OFFICER
..,~
~(),
0~
O;-
d'~
Witness Date ~ ,,
~ Attest: ~
~>
0. ~>.
Clerk
April 7, 2026, Item #8
ORDINANCE
NO
.
AN
ORDINANCE
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA
AUTHORIZING
AN
AMENDMENT
TO
THE
CONTRACT
BETWEEN
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY
AND
THE
BOARD
OF
ADMINISTRATION
OF
THE
CALIFORNIA
PUBLIC
EMPLOYEES'
RETIREMENT
SYSTEM
(CALPERS)
WHEREAS,
the
City
Council
of
the
City
of
Poway
does
ordain
as
follows
:
SECTION
1:
That
an
amendment
to
the
contract
between
the
City
Council
of
the
City
of
Poway
and
the
Board
of
Administration,
California
Public
Employees'
Retirement
System
is
hereby
authorized,
a
copy
of
said
amendment
being
attached
hereto
, marked
as
Exhibit
A,
and
by
such
reference
made
a
part
hereof
as
though
herein
set
out
in
full.
SECTION
2:
The
Mayor
of
the
City
Council
of
the
City
of
Poway
is
hereby
authorized,
empowered,
and
directed
to
execute
said
amendment
for
and
on
behalf
of
said
Agency.
EFFECTIVE
DATE
: This
Ordinance
shall
take
effect
and
be
in
force
thirty
(30)
days
after
its
adoption
.
CERTIFICATION/PUBLICATION
:
The
City
Clerk
shall
certify
the
adoption
of
this
Ordinance
and
cause
it
or
a
summary
of
it, to
be
published
with
the
names
of
the
City
Council
members
voting
for
and
against
the
same
in
the
Poway
News
Chieftain,
a
newspaper
of
general
circulation
in
the
City
of
Poway
within
fifteen
(15)
days
after
its
adoption
and
shall
post
a certified
copy
of
this
Ordinance
in
the
Office
of
the
City
Clerk
in
accordance
with
Government
Code
§
36933.
INTRODUCED
AND
FIRST
READ
at
a
Regular
meeting
of
the
City
Council
of
the
City
of
Poway,
California,
held
the
7 th
day
of
April,
2026
, and
thereafter.
PASSED
AND
ADOPTED
at
a
Regular
meeting
of
said
City
Council
held
the
5 th
day
of
May,
2026,
by
the
following
vote,
to
wit:
AYES: NOES: ABSTAINED: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
10 of
17 ATTACHMENT
B
April 7, 2026, Item #8
Ordinance No.
ATTEST:
Carrie Gallagher, CMC, City Clerk
11 of 17
April 7, 2026, Item #8
12 of
17 EXHIBIT
A
A
Ordinance
No.
CalPER5
EXHIBIT
California
Public
Employees'
Retirement
System
-==;;;a;;;;;;;;;;;
♦
~===
AMENDMENT
TO
CONTRACT
Between
the
Board
of
Administration
California
Public
Employees'
Retirement
System
and
the
City
Council
City
of
Poway
The
Board
of
Administration,
California
Public
Employees'
Retirement
System,
hereinafter
referred
to
as
Board,
and
the
governing
body
of
the
above
public
agency,
hereinafter
referred
to
as
Public Agency,
having
entered
into
a contract
effective
February
1,
1981,
and
witnessed
January
28,
1981,
and
as
amended
effective
December
6,
1982,
December
19,
1986,
April
3,
1989,
June
25,
1990,
January
7,
1991,
July
7,
1993,
September
8,
1993,
September
20,
2000,
December
6,
2000,
June
25,
2001,
December
23,
2002,
November
17,
2004,
and
January
9,
2012,
which
provides
for
participation
of
Public
Agency
in
said
System,
Board
and
Public
Agency
hereby
agree
as
follows:
A
Paragraphs
1 through
17 are
hereby
stricken
from
said
contract
as
executed
effective
January
9,
2012,
and
hereby
replaced
by
the
following
paragraphs
numbered
1 through
19 inclusive:
Page
3 April 7, 2026, Item #8
13 of
17 Ordinance
No.
1. All
words
and
terms
used
herein
which
are
defined
in
the
Public
Employees'
Retirement
Law
shall
have
the
meaning
as
defined
therein
unless
otherwise
specifically
provided.
"Normal
retirement
age"
shall
mean
age
55 for
classic
local
miscellaneous
members
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
age
60 for
classic
local
miscellaneous
members
entering
membership
for
the
first
time
in
the
miscellaneous
classification
after
January
9,
2012,
age
62 for
new
local
miscellaneous
members,
age
50 for
classic
local
safety
members
entering
membership
in
the
safety
classification
on
or
prior
to
January
9,
2012,
age
55 for
classic
local
safety
members
entering
membership
for
the
first
time
in
the
safety
classification
after
January
9,
2012,
and
age
57 for
new
local
safety
members.
2. Public
Agency
shall
participate
in
the
Public
Employees'
Retirement
System
from
and
after
February
1,
1981,
making
its
employees
as
hereinafter
provided,
members
of
said
System
subject
to
all
provisions
of
the
Public
Employees'
Retirement
Law
except
such
as
apply
only
on
election
of
a
contracting
agency
and
are
not
provided
for
herein
and
to
all
amendments
to
said
Law
hereafter
enacted
except
those,
which
by
express
provisions
thereof,
apply
only
on
the
election
of
a
contracting
agency.
3. Public
Agency
agrees
to
indemnify,
defend
and
hold
harmless
the
California
Public
Employees'
Retirement
System
(CalPERS)
and
its trustees,
agents
and
employees,
the
CalPERS
Board
of
Administration,
and
the
California
Public
Employees'
Retirement
Fund
from
any
claims,
demands,
actions,
losses,
liabilities,
damages,
judgments,
expenses
and
costs,
including
but
not
limited
to
interest,
penalties
and
attorney
fees
that
may
arise
as
a result
of
any
of
the
following:
(a)
Public
Agency's
election
to
provide
retirement
benefits,
provisions
or
formulas
under
this
Contract
that
are
different
than
the
retirement
benefits,
provisions or
formulas
provided
under
the
Public
Agency's
prior
non-CalPERS
retirement
program.
(b)
Any
dispute,
disagreement,
claim,
or
proceeding
(including
without
limitation
arbitration,
administrative
hearing,
or
litigation)
between
Public
Agency
and
its
employees
(or
their
representatives)
which
relates
to
Public
Agency's
election
to
amend
this
Contract
to
provide
retirement
benefits,
provisions
or
formulas
that
are
different
than
such
employees'
existing
retirement
benefits,
provisions
or
formulas.
Page4
April 7, 2026, Item #8
14 of
17 Ordinance
No.
{c)
Public
Agency's
agreement
with
a third
party
other
than
CalPERS
to
provide
retirement
benefits,
provisions,
or
formulas
that
are
different
than
the
retirement
benefits,
provisions
or
formulas
provided
underthis
Contract
and
provided
for
under
the
California
Public
Employees'
Retirement
Law.
4. Employees
of
Public
Agency
in
the
following
classes
shall
become
members
of
said
Retirement
System
except
such
in
each
such
class
as
are
excluded
by
law
or
this
agreement:
a.
Local
Fire
Fighters
(herein
referred
to
as
local
safety
members);
b.
Employees
other
than
local
safety
members
(herein
referred
to
as
local
miscellaneous
members).
5. In
addition
to
the
classes
of
employees
excluded
from
membership
by
said
Retirement
Law,
the
following
classes
of
employees
shall
not
become
members
of
said
Retirement
System:
a.
POLICE
OFFICERS.
6. This
contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Poway
Municipal
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
7. This contract
shall
be
a
continuation
of
the
benefits
of
the
contract
of
the
Pomerado
County
Water
District,
hereinafter
referred
to
as
"Former
Agency",
pursuant
to
Section
20567.2
of
the
Government
Code,
Former
Agency
having
ceased
to
exist
and
having
been
required
by
law
to
be
succeeded
by
Public
Agency
on
February
1,
1981.
Public
Agency,
by
this
contract,
assumes
the
accumulated
contributions
and
assets
derived
therefrom
and
liability
for
prior
and
current
service
under
Former
Agency's
contract
with
respect
to
the
Former
Agency's
employees.
Legislation
repealed
said
Section
effective
January
1,
1988.
8. The
percentage
of
final
compensation
to
be
provided
for
each
year
of
credited
prior
and
current
service
as
a
classic
local
miscellaneous
member
entering
membership
in
the
miscellaneous
classification
on
or
prior
to
January
9,
2012,
shall
be
determined
in
accordance
with
Section
21354
of
said
Retirement
Law
(2%
at
age
55 Full).
Page
5 April 7, 2026, Item #8
15 of 17
Ordinance No.
9. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after January 9, 2012, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).
10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).
11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to January 9, 2012, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after January 9, 2012, shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full).
13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).
14. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20903 (Two Years Additional Service Credit) for local miscellaneous members only.
b. Section 20042 (One-Year Final Compensation) for those classic local miscellaneous members entering membership on or prior to January 9, 2012.
c. Section 2157 4.5 (Indexed Level of 1959 Survivor Benefits). d. Section 21548 (Pre-Retirement Option 2W Death Benefit). e. Section 21024 (Military Service Credit as Public Service).
April 7, 2026, Item #8
16 of 17
Ordinance No.
f. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) and Section 20037 (Three-Year Final
Compensation) are applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after January 9, 2012.
Section 21363.1 (3%@ 55 Full formula) is applicable to classic local safety members entering membership for the first time with this agency in the safety classification after January 9, 2012.
15. Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834.
16. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.
17. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574.5 of said Retirement Law. (Subject to annual change.} In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.
April 7, 2026, Item #8
17 of
17 Ordinance
No.
18 .
Contributions
required
of
Public
Agency
and
its
employees
shall
be
subject
to
adjustment
by
Board
on
account
of
amendments
to
the
Public
Employees'
Retirement
Law,
and
on
account
of
the
experience
under
the
Retirement
System
as
determined
by
the
periodic
investigation
and
valuation
required
by
said
Retirement
Law.
19. Contributions
required
of
Public
Agency
and
its
employees
shall
be
paid
by
Public
Agency to
the
Retirement
System
within
fifteen
days
after
the
end
of
the
period
to
which
said
contributions
refer
or
as
may
be
prescribed
by
Board
regulation.
If
more
or
less
than
the
correct
amount
of
contributions
is
paid
for
any
period,
proper
adjustment
shall
be
made
in
connection
with
subsequent
remittances.
Adjustments
on
account
of
errors
in
contributions
required
of
any
employee
may
be
made
by
direct
payments
between
the
employee
and
the
Board.
~
B.
This
a~--
..... ment
shall
be
effective
on
the
day
of
II~
--
-------
BOARD
OF
ADMl~TRATION
PUBLIC
EMPLOYE~~ETIREMENT
SYSTEM
d}~
'If,,,
BY
~...._
MELODY
BENAVIDES,
CHIEF~
PENSION
CONTRACTS
AND
PR~NDING
PROGRAMS
DIVISION
O~
PUBLIC
EMPLOYEES'
RETIREMENT~.STEM
AMENDMENT
CalPERS
ID#
1599501570
PERS-CON-702A
CITY
COUNCIL
CITY
OF
POWAY
BY PR_E_s....,,,11t@a---O-F-FI_C_E_R
____
_
..,~
~~
"~ ,,.,.
d'~
Witness
Date
'+
,, ~
Attest:
¾
~.,.
Clerk
Q ~A
April 7, 2026, Item #9
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT Cityof Poway
April 7, 2026
Honorable Mayor and Members of the City Council
Audrey Denham, Director of Community Services .M
Karen Tansey, Senior Management Analyst \ ~
(858) 668-4584 or [email protected] (}J..J
CITY COUNCIL
Approval of a Three-Year Agreement with Fireworks America to Provide the Annual July 4th Fireworks
Since 1995, the City of Poway has contracted with Fireworks America to provide the annual July 4th fireworks show. The contracts are secured each year. The City has the opportunity to enter into a three-year contract and lock down the price, which is ideal for budgeting purposes and to control rising costs. The City purchasing/procurement procedures requires any contract over $20,000 go through a formal or informal bidding process. Staff recommends it is in the City's best interest to waive the bidding process and execute the three-year agreement with Fireworks America for the July 4th fireworks.
Recommended Action:
It is recommended the City Council approve the three-year Agreement and authorize the City Manager to execute all necessary documents associated with the Agreement between the City of Poway and Fireworks America to provide the July 4th fireworks.
Discussion:
Background
The City of Poway began contracting with Fireworks America in 1995 for the annual pyrotechnic show known as the July 4th Fireworks. Fireworks America was founded in 1994 by a Poway resident and is one of the largest pyrotechnic entertainment companies in the Western United States.
In 2020 during the height of the pandemic, the City added one additional fireworks show in the Poway business park to provide an almost 360-degree opportunity for residents to watch the fireworks. This allowed for a wider enjoyment in both the north and south Poway area while maintaining social distancing. This additional show was well received and became a new tradition. 1 of 17
April 7, 2026, Item #9
In 2022, the City entered into a three-year contract after learning that cities were struggling to receive responses to their Request for Proposals (RFP) for fireworks. The three years ended with the July 2025 show. City staff reached out to other local cities to research current prices and RFP results. Both the City of Escondido and City of Vista received no proposals from their RFP process. The City of San Marcos has not decided if they will offer a fireworks show. The City of Carlsbad leans on Legoland to offer their community a fireworks show and likewise, the City of Coronado relies on a non-profit to host their show.
To ensure the City of Poway did not face similar challenges, City staff reached out to Fireworks America and secured a three-year contract quote. If accepted, the 2026 cost would increase by $1,200 per show over the 2025 price and then remain the same for 2027 and 2028.
Year Cost Total
2026 $24,000 X 2 $48,000
2027 $24,000 X 2 $48,000
2028 $24,000 X 2 $48,000
The City of Poway purchasing/procurement procedures require purchases or contract services over $20,000 obtain proposals or quotes. After evaluation of current trends and pricing, staff determined it is in the best interest of the City to waive the bidding requirement based on the following reasons:
1. The rising costs of goods. The year-over-year inflation rate in November 2025 for San Diego was 3.4%. Moving forward with a three-year contract locks down the price and allows staff to budget appropriately.
2. The requirement to bid this purchase will not likely result in a lower price given the research conducted with other cities and historical experience.
Based on the long-standing relationship with Fireworks America, the minimal price increases, and the quality of the shows, staff recommends the three-year contract.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
There are sufficient funds in the Lake Operations Division, Other Contractual Services budget (account 202020-41200) to fund the 2026 fireworks at the recommended level. Each year thereafter, funds will be included in the proposed budget for the updated cost of the fireworks.
Public Notification:
None.
Attachments:
A. Standard Agreement for Services Between the City of Poway and Fireworks America 2 of 17
April 7, 2026, Item #9
Reviewed/
Approved
By
:
Assistant
City
Manager
3 of
17 Reviewed
By:
Alan
Fenstermacher
City
Attorney
Approved
By:
Ch
risHazeme
City
Manager
April 7, 2026, Item #9
CITY
OF
POWAY
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement
, entered
into
this
8th
day
of
April
2026,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"City")
and
Fireworks
&
Stage
FX
America,
Inc.,
a
California
corporation,
dba
Fireworks
America
(hereinafter
referred
to
as
"Contractor")
.
RECITALS
WHEREAS,
City
desires
to
obtain
the
services
of
a
private
contractor
to
perform
two
fireworks/special
effects
displays
for
the public
on
July
4,
2026,
July
4,
2027,
and
July
4,
2028;
WHEREAS,
Contractor
is
a
pyrotechnic
company
duly
licensed
by
the
Federal
Bureau
of
Alcohol,
Tobacco,
Firearms,
and
Explosives
and
the
State
of
California
and
has
represented
that
Contractor
possesses
the
necessary
qualifications
to
provide
such
services
;
WHEREAS,
City
has
authorized
the
preparation
of
an
agreement
to
retain
the
services
of
Contractor
as
hereinafter
set
forth.
NOW
, THEREFORE
, IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONTRACTOR
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS
:
1. Scope
of
Services.
Contractor
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Contractor
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause
shall
be
effective
only
upon
60-day
written
notice
to
Contractor
.
During
said
60-
day
period
Contractor
shall
perform
all
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement
, misrepresentation
by
Contractor
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services
, or
the
failure
to
perform
services
as
directed
by
City
. Termination
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Contractor.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
4 of
17 ATTACHMENT
A
April 7, 2026, Item #9
In
the
event
that
City
terminates
this
Agreement
without
cause,
City
shall
pay
Contractor
35%
of
the
total
cost
set
forth
in
Attachment
2 of
Exhibit
"A,"
and
all
other
costs
incurred
by
Contractor
at
the
time
of
the
of
notice
of
termination
that,
in
the
aggregate,
exceed
the
termination
fee
of
35%
of
the total
cost.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Contractor
certain
information
to
enable
Contractor
to
effectively
perform
the
services
.
Contractor
shall
treat
all
such
information
as
confidential,
whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent of
the
City.
Contractor
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization,
to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Contractor,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Contractor
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Contractor
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party.
Contractor
shall
not
disclose
any
reports,
recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of the
City.
In
its
performance
hereunder,
Contractor
shall
comply
with
all
legal
obligations
it may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation.
6. Office
Space
and
Clerical
Support.
Contractor
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense
.
7. Covenant
Against
Contingent
Fees.
Contractor
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Contractor,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other
than
a
bona
fide
employee,
any
fee,
commission,
percentage,
brokerage
fee,
gift
or
any
other
consideration,
contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
or,
at
its
sole
discretion,
to
deduct
from
the
Agreement
price
or
consideration,
or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage,
brokerage
fee,
gift
or
contingent
fee.
8. Ownership
of
Documents.
All
memoranda,
reports,
plans,
specifications,
maps
and
other
documents
prepared
or
obtained
under
the
terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Contractor
upon
demand
.
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations.
During
the
term
of
this
Agreement
Contractor
shall
not
act
as
contractor
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests
conflict
in
any
way
with
those
of
the
City
of
Poway.
Contractor
shall
at
all
times
comply
with
the
terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code.
Contractor
shall
immediately
disqualify
itself
and
shall
not
use
5 of
17 April 7, 2026, Item #9
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Contractor
has
a
financial
interest
as
defined
in
Government
Code
Section
87103
.
Contractor
represents
that
it has
no
knowledge
of
any
financial
interests
which
would
require
it to
disqualify
itself
from
any
matter
on
which
it might
perform
services
for
the
City
.
"Contractor"
means
an
individual
who,
pursuant
to
a
contract
with
a
state
or
local
agency:
(A)
Makes
a
governmental
decision
whether
to
:
1. Approve
a
rate
, rule
or
regulation
;
2. Adopt
or
enforce
a
law;
3. Issue,
deny,
suspend,
or
revoke
any
permit
, license,
application
,
certificate
, approval,
order,
or
similar
authorization
or
entitlement;
4. Authorize
the
City
to
enter
into,
modify,
or
renew
a contract
provided
it
is
the
type
of
contract
that
requires
City
approva
l;
5. Grant
City
approval
to
a
contract
that
requires
City
approval
and
to
which
the
City
is
a
party,
or
to
the
specifications
for
such
a
contract
;
6. Grant
City
approval
to
a
plan,
design,
report
, study
, or
similar
item;
7. Adopt
, or
grant
City
approval
of,
policies,
standards,
or
guidelines
for
the
City,
or
for
any
subdivision
thereof
; or
(B)
Serves
in
a
staff
capacity
with
the
City
and
in
that
capacity
participates
in
making
a
governmental
decision
as
defined
in
the
Political
Reform
Act
and/or
implementing
regulations
promulgated
by
the
Fair
Political
Practices
Commission
,
or
performs
the
same
or
substantially
all
the
same
duties
for
the
City
that
would
otherwise
be
performed
by
an
individual
holding
a
position
specified
in
the
City
's
Conflict
of
Interest Code
.
DISCLOSURE
DETERMINATION
:
[8]
1. Contractor
will
not
be
"making
a
government
decision"
or
"serving
in
a staff
capacity"
as
defined
in
Sections
A
and
B
above.
No
disclosure
required.
D
2. Contractor
will
be
"making
a
government
decision
" or
"serving
in
a
staff
capacity
" as
defined
in
Sections
A
and
B
above.
As
a
result,
Contractor
shall
be
required
to
file
a
Statement
of
Economic
Interest
with
the
City
Clerk
of
the
City
of
Poway
in
a timely
manner
as
required
by
law
.
Department
Director
10. No
Assignments.
Neither
any
part
nor
all
of
this
Agreement
may
be
assigned
or
subcontracted
,
except
as
otherwise
specifically
provided
herein
, or
to
which
City,
in
its
sole
discretion,
consents
to
in
advance
thereof
in
writing.
Any
assignment
or
subcontracting
in
violation
of
this
provision
shall
be
void
.
6 of
17 April 7, 2026, Item #9
11. Maintenance of Records.
Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services.
13. Licenses, Permits, Etc.
Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession.
14. Contractor's Insurance.
Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees.
(b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged 7 of 17
April 7, 2026, Item #9
to
arise
from
Contractor's
professional
services,
Contractor's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys'
fees
to
the
extent
caused
by
Contractor's
negligence.
( c)
The
foregoing
obligations
of
Contractor
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers
, agents,
employees
and
volunteers
.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Contractor,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable
, the
indemn
ification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Contractor
under
worker's
compensation
acts,
disability
benefit
acts
or
other
employee
benefit
acts
.
(e)
Contractor
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Contractor
is
carrying
and
maintaining;
however,
if Contractor
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Contractor
shall
reimburse
City
for
any
and
all
costs,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Contractor
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15(a)
through
( e)
above
shall
not
be
construed
to
negate
, abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15 .
(g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall
survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Contractor
:
(a)
Contractor
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Contractor
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Contractor's
obligations
under
this
Agreement,
including
but
not
limited
to
Contractor's
Scope
of
Services;
and
(b)
it
is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person,
goods
or
property
of
Contractor
or
its
employees
in
connection
with
Contractor's
performance
its
obligations
under
this
Agreement
, including
but
not
limited
to
Contractor's
Scope
of
Services
.
17. Contractor
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Contractor
shall
have
no
authority
,
expressed
or
implied
, to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Contractor
shall
have
no
authority,
expressed
or
implied
, pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever.
18. Personnel. Contractor
shall
assign
qualified
and
certified
personnel
to
perform
requested
services
.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
Poway
projects.
8 of
17 April 7, 2026, Item #9
City
shall
have
the
unrestricted
right
to
order
the
removal
of
any
person(s)
assigned
by
Contractor
by
giving
oral
or
written
notice
to
Contractor
to
such
effect.
Contractor's
personnel
shall
at
all
times
comply
with
City's
drug
and
alcohol
policies
then
in
effect.
19. Notices. Notices
shall
be
given
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
20. Governing
Law,
Forum
Selection
and
Attorneys'
Fees.
This
Agreement
shall
be
governed
by,
and
construed
in
accordance
with,
the
laws
of
the
State
of
California
.
Each
party
to
this
Agreement
consents
to
personal
jurisdiction
in
San
Diego
County,
California,
and
hereby
authorizes
and
accepts
service
of
process
sufficient
for
personal
jurisdiction
by
first
class
mail,
registered
or
certified,
postage
prepaid,
to
its
address
for
giving
notice
as
set
forth
in
Exhibit
"A"
hereto.
Any
action
to
enforce
or
interpret
the
terms
or
conditions
of
this
Agreement
shall
be
brought
in
the
Superior
Court
in
San
Diego
County,
Central
Division,
unless
the
parties
mutually
agree
to
submit
their
dispute
to
arbitration.
Contractor
hereby
waives
any
right
to
remove
any
such
action
from
San
Diego
County
as
is
otherwise
permitted
by
California
Code
of
Civil
Procedure
section
394
.
The
prevailing
party
in
any
such
action
or
proceeding
shall
be
entitled
to
recover
all
of
its
reasonable
litigation
expenses,
including
its
expert
fees,
attorneys'
fees,
courts
costs,
arbitration
costs,
and
any
other
fees.
Notwithstanding
the
foregoing,
in
the
event
that
the
subject
of
such
an
action
is
compensation
claimed
by
Contractor
in
the
event
of
termination,
Contractor's
damages
shall
be
limited
to
compensation
for
the
60-day
period
for
which
Contractor
would
have
been
entitled
to
receive
compensation
if
terminated
without
cause,
and
neither
party
shall
be
entitled
to
recover
their
litigation
expenses.
21. Gender. Whether
referred
to
in
the
masculine,
feminine,
or
as
"it
," "Contractor"
shall
mean
the
individual
or
corporate
Contractor
and
any
and
all
employees
of
contractor
providing
services
hereunder.
22. Counterparts. This
Agreement
(and
any
amendments)
may
be
executed
in
multiple
counterparts,
each
of
which
shall
be
deemed
an
original,
but
all
of
which,
together,
shall
constitute
one
and
the
same
instrument.
Documents delivered
by
telephonic
facsimile
transmission
shall
be
valid
and
binding.
23. Entire
Agreement.
This
Agreement
shall
constitute
the
entire
understanding
between
Contractor
and
City
relating
to
the
terms
and
conditions
of
the
services
to
be
performed
by
Contractor.
No
agreements,
representations
or
promises
made
by
either
party,
whether
oral
or
in
writing
, shall
be
of
any
force
or
effect
unless
it is
in
writing
and
executed
by
the
party
to
be
bound
thereby
.
9 of
17 April 7, 2026, Item #9
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
(Remainder of page intentionally left blank)
1 O of 17
April 7, 2026, Item #9
IN
WITNESS
WHEREOF,
the
parties
hereto
have
duly
executed
this
Agreement
on
the
date
first
above
written
.
CITY
OF
POWAY
By
:------------Chris
Hazeltine,
City
Manager
Date
: ___________
_
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By
:---------------Alan
Fenstermacher,
City
Attorney
11 of
17 FIREWORKS
AMERICA
By
: ___________
_
J. Scott
Danielson
, President
Date:
___________
_
April 7, 2026, Item #9
"SPECIAL PROVISIONS"
EXHIBIT "A"
A. Scope of Services.
Contractor agrees to furnish and perform services as required by City, which shall consist of the July 4th fireworks/special effects services further described in the Scope of Services submitted with the proposal, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Contractor a fee in accordance with the Fee Proposal submitted with the proposal, which is included in this document as Attachment 1. Total fee is not to exceed $48,000 for 2026, $48,000 for 2027, and $48,000 for 2028. 50% deposit is due upon contract execution for each year, with balance due 10 days after the display has fired. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing the date of execution and ending July 5, 2028, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement.
D. Contractor's Insurance.
1. Coverages:
Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability minimum of $5,000,000 Bodily Injury and Property Damage combined each occurrence and $10,000,000 aggregate.
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Workers' Compensation insurance in the amount of $1,000,000 per statute. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
12 of 17
April 7, 2026, Item #9
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
Attachment:
1. Fee Proposal
13 of 17
City of Poway
P.O. Box 789
Poway, CA 92074
Fireworks America
P.O. Box 488
Lakeside, CA 92040
April 7, 2026, Item #9
EXHIBIT
"B"
Cal
Gov
Code§
7522.56
Deering's
California
Codes
are
current
through
all
1016
chapters
of
the
2018
Regular
Session
and
the
November
6,
2018
Ballot
Measures.
Deering's
California
Codes
Annotated>
GOVERNMENT
CODE>
Title
1 General>
Division
7 Miscellaneous
>
Chapter
21 Public
Pension
and
Retirement
Plans
> Article
4 California
Public
Employees'
Pension
Reform
Act
o/2013
§ 7522.56.
Provisions
applicable
to
person
receiving
pension
benefit
from
public
retirement
system;
Section
supersedes
conflicting
provisions
(a)This
section
shall
apply
to
any
person
who
is
receiving
a pension
benefit
from
a public
retirement
system
and
shall
supersede
any
other
provision
in
conflict
with
this
section.
(b)
A
retired
person
shall
not
serve,
be
employed
by,
or
be
employed
through
a contract
directly
by,
a public
employer
in
the
same
public
retirement
system
from
which
the
retiree
receives
the
benefit
without
reinstatement
from
retirement,
except
as
permitted
by
this
section
.
(c)
A
person
who
retires
from
a public
employer
may
serve
without
reinstatement
from
retirement
or
loss
or
interruption
of
benefits
provided
by
the
retirement
system
upon
appointment
by
the
appointing
power
of
a public
employer
either
during
an
emergency
to
prevent
stoppage
of
public
business
or
because
the
retired
person
has
skills
needed
to
perform
work
of
limited
duration.
( d)Appointments
of
the
person
authorized
under
this
section
shall
not
exceed
a total
for
all
employers
in
that
public
retirement
system
of
960
hours
or
other
equivalent
limit,
in
a
calendar
or
fiscal
year,
depending
on
the
administrator
of
the
system.
The
rate
of
pay
for
the
employment
shall
not
be
less
than
the
minimum,
nor
exceed
the
maximum,
paid
by
the
employer
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
an
hourly
rate.
A
retired
person
whose
employment
without
reinstatement
is
authorized
by
this
section
shall
acquire
no
service
credit
or
retirement
rights
under
this
section
with
respect
to
the
employment
unless
he
or
she
reinstates
from
retirement.
(e)
14 of
17 (l)Notwithstanding
subdivision
(c),
any
retired
person
shall
not
be
eligible
to
serve
or
be
employed
by
a public
employer
if,
during
the
12-month
period
prior
to
an
appointment
described
in
this
section,
the
retired
person
received
any
unemployment
insurance
compensation
arising
out
of
prior
employment
subject
to
this
section
with
April 7, 2026, Item #9
a public
employer.
A
retiree
shall
certify
in
writing
to
the
employer
upon
accepting
an
offer
of
employment
that
he
or
she
is
in
compliance
with
this
requirement.
(2)A
retired
person
who
accepts
an
appointment
after
receiving
unemployment
insurance
compensation
as
described
in
this
subdivision
shall
terminate
that
employment
on
the
last
day
of
the
current
pay
period
and
shall
not
be
eligible
for
reappointment
subject
to
this
section
for
a period
of
12 months
following
the
last
day
of
employment.
(f)A
retired person shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a period
of
180
days
following
the
date
of
retirement
unless
he
or
she
meets
one
of
the
following
conditions:
15 of
17 (l)The
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
governing
body
of
the
employer
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(2)
(A)Except
as
otherwise
provided
in
this
paragraph,
for
state
employees,
the
state
employer
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
state
employment
position
before
180
days
have
passed
and
the
appointment
has
been
approved
by
the
Department
of
Human
Resources.
The
department
may
establish
a process
to
delegate
appointing
authority
to
individual
state
agencies,
but
shall
audit
the
process
to
determine
if
abuses
of
the
system
occur.
If
necessary,
the
department
may
assume
an
agency's
appointing
authority
for
retired
workers
and may
charge
the
department
an
appropriate
amount
for
administering
that
authority.
(B)For
legislative
employees,
the
Senate
Committee
on
Rules
or
the
Assembly
Rules
Committee
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(C)For
employees
of
the
California
State
University,
the
Trustees
of
the
.California
State
University
certifies
the
nature
of
the
employment
and
that
the
appointment
is
necessary
to
fill
a
critically
needed
position
before
180
days
have
passed
and
approves
the
appointment
in
a public
meeting.
The
appointment
may
not
be
placed
on
a consent
calendar.
(3)The
retiree
is
eligible
to
participate
in
the
Faculty
Early
Retirement
Program
pursuant
to
a
collective
bargaining
agreement
with
the
California
State
University
that
existed
prior
to
January
1,
2013,
or
has
been
included
in
subsequent
agreements
.
(4)The
retiree
is
a public
safety
officer
or
firefighter
hired
to
perform
a function
or
functions
regularly
performed
by
a public
safety
officer
or
firefighter.
April 7, 2026, Item #9
(g)A
retired
person
who
accepted
a retirement
incentive
upon
retirement
shall
not
be
eligible
to
be
employed
pursuant
to
this
section
for
a
period
of
180
days
following
the
date
of
retirement
and
subdivision
(f)
shall
not
apply.
(h)This
section
shall
not
apply
to
a
person
who
is
retired
from
the
State
Teachers'
Retirement
System,
and
who
is
subject
to
Section
24214,
24214.5
or
26812
of
the
Education
Code
.
(i)This
section
shall
not
apply
to
(1)
a subordinate
judicial
officer
whose
position,
upon
retirement,
is
converted
to
a judgeship
pursuant
to
Section
69615,
and
he
or
she
returns
to
work
in
the
converted
position,
and
the
employer
is
a trial
court,
or
(2)
a retiree
of
the
Judges'
Retirement
System
or
the
Judges'
Retirement
System
II
who
is
assigned
to
.serve
in
a
court
pursuant
to
Section
68543.5.
History Added
Stats
2012
ch
296
§ 15
(AB
340),
effective
January
1,
2013
. Amended
Stats
2013
.ch
528
§ 11
(SB
13).
effective
October
4,
2013
(ch
528
prevails);
ch
76 § 75
(AB
383),
effective
January
I,
2013;
Stats
2014
ch
238
§ 1 (AB
2476)
, effective
January
I,
2015.
Annotations Notes
Amendments: Note-
Amendments: 2013
Amendment:
Substituted
(1)
"have
passed"
for
"has
passed"
in
the
first
sentence
of
subds
(f)(l)
and
(f)(2);
(2)
"or
firefighter
hired
to
perform
a
function
or
functions
regularly
performed
by
a
public
safety
officer
or
firefighter"
for
"of
firefighter"
in
subd
(f)(4);
and
(3)
"Judges'
Retirement
System"
for
"Judges'
Retirement
System
I"
in
subd
(i).
16 of
17 April 7, 2026, Item #9
ATTACHMENT
1 City
of
Poway
Celebrate
Freedom
July
4th
, 2026
-2028
Announcement
Barrage
I
Program
A
Aerial
Titanium
Salutes
3"
20 Color
&
Multi-Color
Finale
Shells
3"
20 Aerial
Show
Presentation
I
Color
&
Multi-Color
Aerial
Shells
3" 4"
200 200
Flitter,
Glitter,
Electric
Color
&
Color
Changing
Shells
3"
100
4"
200
Distinctive
&
Unique
Aerial
Shells
3"
100
4"
64 17
of
17 Aerial
Grand
Finale
I
Program
A
Color
&
Multi-Color
Finale
Shells
3" 4"
400 64
Aerial
Titanum
Salutes
3"
200
Grand
Totals
Aerial
Shell
Counts
3" 4"
1040 528
Total
Aerial
Shell
Counts
1568
Program
Price
I I
Total
Program
Price
Inclusive
of
Insurance,
Operator
and
Transportation
for
both
locations.
Cost Cost Cost
$48,000 $48,000 $48,000
2026 2027 2028
April 7, 2026, Item #10
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
CITY COUNCIL
April 7, 2026
Honorable Mayor and Members of the City Council
Jodene Dunphy, Director of Human Resources and Risk Management 4'}- Eric Heidemann, Director of Public Works f--~ ~
Jodene Dunphy, Director of Human Resources and Risk Management (858) 668-4413 or [email protected]
Eric Heidemann, Director of Public Works
(858) 668-4716 or [email protected]
Approving a Cal PERS 180-day Waiting Period Exception to Hire a Retired Annuitant The City of Poway's Contract Specialist/Inspector, Jeffrey Zamora, retired on January 18, 2026, after more than 23 years of service. As part of the Facilities Maintenance/Landscape Maintenance Districts division of the Public Works Department, Mr. Zamora administered and oversaw a variety of service and maintenance contracts and performed inspections to ensure contractor compliance for public improvement projects and City services, including lighting and traffic signals, facility maintenance, janitorial services, security and fire alarm systems, bus stops, fire extinguishers, and parks and landscapes.
Due to a temporary staffing gap within the Facilities Maintenance/Landscape Maintenance Districts division, and to maintain continuity of essential services and keep project timelines on track, the City seeks to temporarily hire Mr. Zamora as a retired annuitant. To do so, the governing body must waive the CalPERS-required 180-day wait period for hiring a retired annuitant. This temporary appointment will help ensure that ongoing work is supported until regular staffing levels are restored.
Recommended Action:
It is recommended the City Council approve the resolution, pursuant to Government Code Sections 7522.56 and 21221 (g), approving the waiver of the 180-day wait period for the newly retired Contract Specialist/Inspector to temporarily work as a retired annuitant until staffing levels are restored.
Discussion:
California Government Code Sections 7522.56 and 21221 (g) authorize the City to employ a retired 1 of 6
April 7, 2026, Item #10
Cal PERS annuitant without reinstatement from retirement upon a finding that the retired person has specialized skills needed to perform work of a limited duration. Under the law, a non-safety retired annuitant is not eligible to be employed by a CalPERS contracting agency for a period of 180 days following the retirement date unless the City Council certifies the nature of the employment, and the appointment is necessary to ensure essential services are delivered before 180 days has passed.
Fortunately, Mr. Zamora has agreed to temporarily work as a retired annuitant as extra help to ensure work is completed and project timelines are met while the City addresses the temporary staffing gap.
During this period, he will continue supporting essential contract oversight and inspection activities, including work related to storm drain improvements, street maintenance, and traffic control signal upgrades. His long record of successfully completing City projects that enhance community safety and service reliability demonstrates his ability to continue this critical work within the Facilities Maintenance/Landscape Maintenance Districts division until regular staffing is restored.
To comply with the Government Code and allow Mr. Zamora to work as a retired annuitant, the City must submit to Cal PERS a copy of the approved and executed resolution and the publicly available salary schedule listing the comparable or vacant position.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
The total estimated cost to hire Jeffrey Zamora as a retired annuitant for the position of Contract Specialist/Inspector is anticipated not to exceed $48,000. Sufficient funds are available in the department's budget to cover the expenses for the remainder of the current fiscal year.
Public Notification:
None.
Attachments:
A. Resolution
Reviewed/Approved By:
Assistant City Manager
2 of6
Reviewed By:
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
April 7, 2026, Item #10
RESOLUTION
NO.
26-
A
RESOLUTION
OF
THE
CITY
COUNCIL
OF
THE
CITY
OF
POWAY,
CALIFORNIA,
FOR
A
180-DAY
WAITING
PERIOD
EXCEPTION
TO
HIRE
A
RETIRED
ANNUITANT
PURSUANT
TO
GOVERNMENT
CODES
SECTIONS
7522.56
AND
21221(9)
WHEREAS,
in
compliance
with
Government
Code
section
7522.56
of
the
Public
Employees'
Retirement
Law,
the
Poway
City
Council
must
provide
CalPERS
this
certification
resolution
when
hiring
a
retiree
before
180
days
has
passed
since
their
retirement
date;
WHEREAS,
Jeffery
Zamora
retired
from
the
City
of
Poway
as
a
Contract
SpecialisUlnspector
on
January
18,
2026;
WHEREAS,
Jeffery Zamora
has
served
the
City
of
Poway
for
more
than
23 years,
administering
and
overseeing
a wide
range
of
service
and
maintenance
contracts
and
conducting
inspections,
which
have
enhanced
public
safety
and
improved
the
quality
of
life
for
the
Poway
community;
WHEREAS,
Government
Code
section
7522.56
requires
that
post-retirement
employment
commence
no
earlier
than
180
days
after
the
retirement
date,
which
is
July
17,
2026,
without
this
certification
resolution;
WHEREAS,
Government
Code
section
7522.56
provides
that
this
exception
to
the
180-
day
wait
period
shall
not
apply
if the
retiree
accepts
any
retirement-related
incentive;
WHEREAS,
the
Poway
City
Council,
the
City
of
Poway
and
Jeffrey
Zamora
certify
that
Jeffrey
Zamora
has
not
and
will
not
receive
a
Golden
Handshake
or
any
other
retirement-related
incentive;
WHEREAS,
an
appointment
under
Government
Code
section
21221
(g)
requires
the
retiree
be
appointed
for
a
limited
duration
not
to
exceed
one
year;
WHEREAS,
the
Poway
City
Council
hereby
appoints
Jeffrey Zamora
as
an
extra
help
retired
annuitant
to
perform
the
duties
of
the
Contract
Specialist/Inspector
for
the
City
of
Poway
under
Government
Code
section
21221(9),
effective
April
7,
2026;
WHEREAS,
the
entire
employment
agreement
between
Jeffrey Zamora
and
the
City
of
Poway
has
been
reviewed
by
this
body
and
is
attached
herein
as
Exhibit
A;
WHEREAS,
no
matters,
issues,
terms
or
conditions
related
to
this
employment
and
appointment
have
been
or
will
be
placed
on
a
consent
calendar;
WHEREAS,
the
employment
shall
be
limited
to
960
hours
per
fiscal
year
for
all
CalPERS
employers;
WHEREAS,
the
compensation
paid
to
retirees
cannot
be
less
than
the
minimum
nor
exceed
the
maximum
monthly
base
salary
paid
to
other
employees
performing
comparable
duties,
divided
by
173.333
to
equal
the
hourly
rate;
3 of6
ATTACHMENT
A
April 7, 2026, Item #10
Resolution
No
26-
Page
2 WHEREAS,
per
the
current
City
of
Poway
Non-Safety/Teamsters
Salary
Schedule
the
minimum
monthly
base
salary
for
this
position
is
$6,521
and
the
hourly
equivalent
is
$37
.6187,
and
the
maximum
monthly
base
salary
for
this
position
is
$7,925
and
the
hourly
equivalent
is
$45
.7256;
WHEREAS,
the
hourly
rate
paid
to
Jeffrey
Zamora
will
be
the
maximum
hourly
amount
of
the
current
range,
which
is
indicated
above;
and
WHEREAS,
Jeffrey
Zamora
has
not
and
will
not
receive
any
other
benefit,
incentive,
compensation
in
lieu
of
benefit from
the
City
of
Poway
or
other
form
of
compensation
in
addition
to
this
hourly
pay
rate.
NOW,
THEREFORE,
BE
IT
RESOLVED
THAT
the
Poway
City
Council
hereby
certifies
the
nature
of
the
employment
of
Jeffrey
Zamora
is
necessary
to
fill
the
critically
needed
position
of
Contract
Specialist/Inspector
for
the
City
of
Poway
beginning
April
7,
2026,
because
Mr
.
Zamora
has
specialized
skills
as
a
retired
annuitant,
which
are
needed
to
maintain
continuity
of
essential
services
and
keep
project
timelines
on
track.
PASSED,
APPROVED
AND
ADOPTED
at
a
Regular
Meeting
of
the
City
Council
of
the
City
of
Poway,
California
on
the
7th
day
of
April,
2026
by
the
following
vote,
to
wit:
AYES: NOES
:
ABSTAINED: ABSENT: DISQUALIFIED:
Steve
Vaus,
Mayor
ATTEST: Carrie
Gallagher,
CMC,
City
Clerk
4of6
April 7, 2026, Item #10
EXHIBIT A
Resolution No. 26-
CITY OF POWAY
Retired Annuitant -Employment Agreement
Government Code (GC) sections 7522.56, 21221 (g) and 21224 permit employees who retire and receive CalPERS retirement benefits to accept limited, post-retirement, employment without reinstatement or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without reinstatement is authorized by Government Code Sections 7522.56, 21221 (g) and 21224, shall acquire no service credit or retirement rights unless she reinstates from retirement.
I. Conditions of Limited Appointment
Post-retirement service must be attributable to either an emergency event (to prevent stoppage of public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC 7522.56.c).
II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC 7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of employment. Starting April 07, 2026, Jeffrey Zamora will serve as a Contract Specialist/Inspector to provide extra help and assist the City with coverage and services in the Facilities Maintenance division.
Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's retirement benefits ~nd/or require reinstatement from retirement.
Jeffrey Zamora will immediately notify the City of Poway should they perform work as a Retired Annuitant for any other CalPERS member agency during the term of this agreement. __ (Initials)
Ill. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the maximum rate of pay for other employees performing comparable functions (GC 7522.56.d). Based upon the approved Salary Schedule for classifications within the Non-Safety group, the City's hourly rate of pay for a Contract Specialist/Inspector from $37.6187to $45.7256. For the term of this agreement, Jeffrey Zamora will be compensated at an hourly rate of $45.7256, which is within the approved, allowable pay range for this position.
Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hour pay rate including holidays, sick leave, vacation or any employee leave or benefit program.
IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment, the Retired Annuitant received any unemployment insurance compensation arising out of prior employment with a public employer (GC 7522.56.e.1 ). Furthermore, 5 of 6
April 7, 2026, Item #10
Resolution No. 26-
a Retired Annuitant that accepts employment, and has received unemployment insurance compensation within the 12-month period preceding employment, must terminate employment effective the last day of the current payroll period. The Retired Annuitant shall not be eligible for reappointment for a period of 12 months following the termination date (GC 7522.56.e.2).
In accordance with these provisions, Jeffrey Zamora has not received unemployment insurance compensation during the 12-month period preceding this appointment. __ (Initial) V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of retirement, unless one of the following conditions is satisfied for a local government agency:
• The City of Poway certifies the nature of the employment, and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (GC 7522.56 (f)1)
• The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (GC 7522.56(f)4) Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be eligible for employment for a period of 180 days following the date of retirement and the provisions of GC 7522.56(f) shall not apply. (GC 7522.56(9))
Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's retirement benefits and/or require reinstatement from retirement.
Jeffrey Zamora retired from public service effective January 18, 2026. The City of Poway City Council approved a 180-day waiver in compliance with Government Code Sections 7522.56, 21221 (g) and 21224 on April 7, 2026 per statutory requirements. __ (Initials) VI. Acknowledgement and Agreement
I, Jeffrey Zamora, Retired Annuitant, accept a limited appointment as a Contract Specialist/Inspector with the City of Poway. By signing this agreement, I acknowledge that I am in compliance with the statutory provisions contained herein, and I further agree to maintain compliance for the duration of this agreement.
Retired Annuitant
Approved By:
Director of Human Resources/Risk Management
City of Poway
City Manager
City of Poway
6 of 6
Date
Date
Date