REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
March 24, 2026
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Equipment Lease Purchase Agreement and Purchase Order for Handheld Radios
End
RECOMMENDATION(S)
Recommendation
1. Approve Equipment Lease Purchase Agreement with Motorola Solutions, Inc., including non-standard terms, for the purchase of 2,000 handheld radios and accessories, in an amount not to exceed $17,929,813.41, for the period of April 1, 2026 through April 1, 2028.
2. Authorize the Purchasing Agent to issue a non-competitive Purchase Order to Motorola Solutions, Inc., for the equipment lease purchase of 2,000 handheld radios and accessories, in an amount not to exceed $17,929,813.41.
3. Authorize the Auditor-Controller/Treasurer/Tax Collector to post adjustments to the Sheriff/Coroner/Public Administrator’s 2025-26 budget, as detailed in the Financial Impact Section (Four votes required).
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will result in the use of additional Discretionary General Funding (Net County Cost). The cost to replace 2,000 handheld radios with the necessary accessories is $17,210,399.91. The purchase will be financed over a two-year period, for a total cost, including interest, of $17,929,813.41. The total financed cost will be paid in three annual installments of $5,976,604.47, with the first payment due in 2025-26 and two subsequent payments due in 2026-27 and 2027-28. In 2024-25, the Board of Supervisors (Board) approved a multi-year plan to replace the Sheriff/Coroner/Public Administrator’s (Department) patrol radios. The Department’s 2025-26 budget includes an allocation of $5,000,000, funded by the Asset Replacement Reserve, and the Department is requesting the use of an additional $976,604 from the Asset Replacement Reserve to complete the first annual payment.
The Department requests the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the 2025-26 budget:
|
Fund Center |
Commitment Item |
Description |
Action |
Amount |
|
4430001000 |
52002130 |
Non-inventoriable Equipment |
Increase |
$976,604 |
|
1000 |
37008200 |
Fund Balance - Committed-Asset Replacement |
Decrease |
$976,604 |
BACKGROUND INFORMATION
The County’s Information and Technology Department (ITD) operates and maintains the County’s Public Safety Radio System (System) that provides the means by which dispatch centers and mobile/portable radios communicate via voice transmission. The Department utilizes ITD’s System to facilitate public safety operations, provide multi-site wide-area communications, and over-the-air programming with advanced encryption technology to ensure reliable, stable, and secure communications between Department personnel and other law enforcement agencies.
The Department received a notice from Motorola Solutions, Inc. (Motorola) stating that it will no longer support the current radio platform, manufacture or sell the necessary replacement parts to maintain the radios. Approval of this item will allow the Department to purchase 2,000 handheld radios to ensure there is no disruption in service.
Motorola’s Equipment Lease-Purchase Agreement (Agreement) includes non-standard terms and omits certain County standard contract terms. The non-standard and missing terms include the following:
1. Motorola may assign the Agreement without notice to the County and without the County’s approval.
• The County standard contract requires that the County must approve any assignment of the contract.
• Potential Impact: Motorola could assign the Agreement to a third party or business with which the County is legally prohibited from doing business due to issues of federal debarment or suspension and conflict of interest, without the County’s knowledge. Should this occur, the County could be out of compliance with the law until it becomes aware of the assignment and terminates the Agreement.
2. The Agreement does not require Motorola to indemnify the County, as required by County Policies 11-05 and 11-07, including for intellectual property infringement claims.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors, or omissions of any person.
• Potential Impact: Motorola is not required to defend, indemnify, or hold the County harmless from any claims, including indemnification for claims arising from Motorola’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of the Motorola’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total Agreement amount.
3. The Agreement requires the County to indemnify Motorola against, and hold Motorola harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, arising in connection with the radios, including, but not limited to, its selection, purchase, delivery, licensing, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify Motorola, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against Motorola without such limitations and the County could be responsible to defend and reimburse Motorola for costs, expenses, and damages, which could exceed the total Agreement amount.
4. The Agreement does not require Motorola to meet the County’s insurance standards, as required pursuant to County Policies 11-05, 11-07, and 11-07SP.
• County Policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department, and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that Motorola will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement amount.
5. Payments to Motorola are due on the listed due dates in the Agreement’s Schedule B and will accrue interest at the highest lawful rate if payments are received 30 days after the due dates.
• County standard payment terms are Net 60 days with no interest or late payment penalties.
• Potential Impact: County standard processing time is 60 days or more. Failing to pay by the due dates may result in a material breach of the Agreement, which could allow Motorola to terminate the Agreement and seek other legal remedies, including charging the County interest at a rate of highest lawful rate, which could exceed the Agreement amount.
6. There is no termination for convenience without penalty; however, the Agreement permits termination upon non-appropriation of funds.
• The County standard contract gives the County the right to terminate the Agreement, for any reason, with a 30-day written notice of termination without any obligation other than to pay amounts for services rendered and expenses reasonably incurred prior to the effective date of termination.
• Potential Impact: The County is unable to terminate the Agreement for its convenience and instead may only terminate it for non-appropriation of funds, in which case the County would have to promptly return all of the leased equipment.
7. The Agreement provides the radios “AS IS” and “WITH ALL FAULTS,” and disclaims all warranties of any kind.
• County Policy 11-05 requires a contractor to fully warrant its services and products.
• Potential Impact: The Department’s use of the radios is solely at its own risk.
While the Agreement’s terms and conditions are exceptions to the County’s standard contract language, approval by the Board of Supervisors is necessary for the Department to purchase the handheld radios to provide for the safety needs of County residents. County Counsel and Risk Management have reviewed the non-standard language and provided input.
PROCUREMENT
As a part of ITD’s ongoing System updates that began in 2009, on September 11, 2012 (Item No. 30), the Board found that it was in the best interest of the County to continue with the use of Motorola’s radio equipment and services as the countywide standard through the completion of the System upgrade project, not to exceed 15 years. To ensure compatibility with the existing equipment, the Department recommends the non-competitive procurement from Motorola of radio equipment, maintenance and support, software, and professional services.
County Policy 11-04, Procurement of Goods and Supplies, Equipment and Services requires that departments seek Board approval for non-competitive purchases of equipment and services in excess of $200,000 annually.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on March 6, 2026; Purchasing (Jason Cloninger, Lead Buyer, 387-0321) on March 5, 2026; Innovative and Technology Department (Lynn Fyhrlund, Chief Information Officer, 388-0586) on March 11, 2026; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, General Accounting Manager, 382-7022) on March 6, 2026; Risk Management (Stephanie Pacheco, Staff Analyst, 386-9039) on March 6, 2026; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on March 9, 2026.