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