REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
May 5, 2026
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Amendment to Non-Financial Agreement with Motorola Solutions, Inc.
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 1 to non-financial Agreement No. 24-279 with Motorola Solutions, Inc., to add a Subscription Software Addendum, including non-standard terms, to access additional software as a service, with no change to the contract term of March 26, 2024 through March 25, 2029, with the option to extend for an additional five year period.
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
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 not result in the use of additional Discretionary General Funding (Net County Cost) as the Subscription Software Addendum (SSA) to the Motorola Customer Agreement (MCA) is non-financial in nature.
BACKGROUND INFORMATION
On March 26, 2024 (Item No. 69), the Board of Supervisors (Board) approved the non-financial MCA, Agreement No. 24-279, with Motorola, including non-standard terms, and incorporated Equipment Purchase and Software License Addendum (EPSLA) that govern the purchase of radio equipment for the Sheriff/Coroner/Public Administrator (Department).
Motorola’s enterprise suite provides software necessary to operate radio devices, and it also includes software for mobile applications and investigative tools for law enforcement via annual software subscriptions. To access additional software titles, Motorola requires the Department to incorporate the SSA to the current MCA. Having already negotiated the MCA and incorporated EPSLA, the Department seeks to also incorporate Motorola’s SSA into the MCA, which brings additional terms to the MCA that are specific to subscription software to be used by the Department.
The SSA contains a term that differs from the standard County contract terms. The non-standard term is as follows:
1. Motorola disclaims all liability, other than as caused by its failure to exercise and deploy reasonable operations and security measures, for (a) interruption or failure of connectivity, vulnerabilities, or security events; (b) disruption of or damage to the County’s or third parties’ systems, equipment, or data, including denial of access to users, or shutdown of systems caused by intrusion detection software or hardware; (c) availability or accuracy of any data available through the subscription software or services, or interpretation, use or misuse thereof; and (d) tracking and location-based services; or beta services.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Claims could exceed the MCA amount leaving the County financially liable for the excess.
The Department recommends approval of Amendment No. 1 to incorporate the SSA into Motorola’s MCA, including non-standard terms, and the incorporated EPSLA, to allow the Department to continue to purchase equipment and software services on an as-needed basis in support of the Department’s investigative duties. Additionally, the inclusion of the SSA would allow the use of the same terms and conditions for future purchases, eliminating the need for further negotiation.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Bonnie Uphold, Supervising Deputy County Counsel, 387-5455) on April 14, 2026; Risk Management (Stephanie Pacheco, Staff Analyst, 396-9039) on April 7, 2026; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on April 14, 2026.