Legislation Details

File #: 14317   
Type: Consent Status: Passed
File created: 6/1/2026 Department: Sheriff/Coroner/Public Administrator
On agenda: 6/9/2026 Final action: 6/9/2026
Subject: Service Agreement with Motorola Solutions, Inc. for NICE Gold Maintenance
Attachments: 1. COV-SHERIFF-06-09-2026-Motorola Solutions Inc. NICE Maintenance, 2. ADD-CON-SHERIFF-06-09-2026 Motorola Solution Inc. NICE Maintenance

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          June 9, 2026

 

FROM

SHANNON D. DICUS, Sheriff/Coroner/Public Administrator 

         

SUBJECT                      

Title                     

Service Agreement with Motorola Solutions, Inc. for NICE Gold Maintenance

End

 

RECOMMENDATION(S)

Recommendation

Approve Agreement with Motorola Solutions, Inc., including non-standard terms, for its NICE Gold maintenance for remote and on-site radio, telephony, and inform maintenance services in the amount of $201,521.94, effective July 1, 2026, through June 30, 2027.

(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 Sheriff/Coroner/Public Administrator’s (Department) submitted a funding request as part of the 2026-27 recommended budget cycle. 

 

BACKGROUND INFORMATION

The Department operates two communication centers that provide dispatch services for law enforcement agencies and personnel within the unincorporated areas and contract cities of the County. These services also include receiving and processing emergency 9-1-1 calls and other routine calls for service, dispatching appropriate personnel in response to those calls, and coordinating or assisting with public safety communications during emergencies. The communication centers utilize telephony and radio systems to provide these services.

 

On July 27, 2021 (Item No. 51), the Board of Supervisors (Board) approved Contract No. 21-580 with Motorola Solutions Inc. (Motorola) in the amount of $296,836 for the purchase of equipment, software licenses, and implementation services that updated the Department’s dispatch centers’ telephony and radio systems, effective July 30, 2021. These systems require specific functionality for call logging which, due to changes in technology, need upgrades to hardware and software components to maintain connectivity with dispatch center workstations and servers.

 

On November 14, 2023 (Item No. 79), the Board approved Agreement No. 23-1221 with Motorola for contract administration services for NICE equipment and service integration upgrades to the NICE Logger system for the period of April 1, 2023, through October 1, 2023; and Agreement No. 23-1222 for NICE Gold maintenance for remote and on-site radio telephony and Inform maintenance services for the period of January 1, 2023, through June 30, 2024. On November 5, 2024 (Item No. 46), the Board approved Amendment No. 1, and on May 20, 2025 Amendment No. 2, extending the maintenance through June 30, 2026.

 

The recommended Agreement will continue these maintenance services through June 30, 2027 and also provide the necessary upgrades to the call logger system at the Department’s communication centers, allowing for uninterrupted dispatch services, providing for the safety needs of county residents. 

 

The Agreement provided includes terms that differ from the standard County contract. The Department attempted to negotiate the terms of the Agreement; however, Motorola was unwilling to accept the requested changes. The non-standard terms include the following:

 

1.                     Except for personal injury or death, Motorola’s maximum liability to the County is limited to the cost of 24 months of service provided under the Agreement.   

                     The County standard contract does not include a limitation of liability.

                     Potential Impact: Claims could exceed the liability cap and the agreement amount, leaving the County financially liable for the excess.  

 

2.                     The Agreement does not require Motorola to indemnify the County in the manner required by County Policies 11-05 and 11-07, including for any intellectual property infringement claims, but instead limits indemnification to claims caused by Motorola’s negligence, gross negligence, or willful misconduct while performing its duties under the Agreement, unless the claim arises from the County’s negligence or willful misconduct.  Motorola’s duties are also conditioned upon: (a) the County’s prompt notice in writing of a claim and its cooperation with Motorola and, if asked, its providing reasonable assistance in the defense of the claim; and (b) Motorola having sole control of the defense and settlement or compromise, to the extent allowed by applicable law.

                     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 all claims, including those arising from Motorola’s intellectual property infringement. If the County is sued for any claim, the County may be solely liable for the costs of defense and damages, which could exceed the total agreement amount.  

 

3.                     The Agreement does not require Motorola to meet the County’s insurance standards, as required pursuant to County Policies 11-05, 11-07, and 11-07 SP.

                     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 all of the claims that may arise under the agreement, which could result in expenses to the County that exceed the total agreement amount.  

 

The Department recommends approval of the Agreement with Motorola, including the non-standard terms, to ensure that necessary upgrades are completed without any lapse in maintenance coverage and support services through the NICE Gold Maintenance.

 

PROCUREMENT

Motorola is the designer and manufacturer of the Department’s telephony and radio system and holds proprietary rights to system upgrades, including integration of equipment or software from other manufacturers such as NICE, and maintenance support services.

 

On January 15, 2026, request for proposal (RFP) SHR126-ADMSR-6067 was released via the County of San Bernardino’s Electronic Procurement Network (ePro) for the procurement of a Voice Logger Recording System, including maintenance and support. The RFP is currently under evaluation and has not been awarded. The recommended Agreement with Motorola will allow time for the RFP process to be completed, ensuring the continuity of annual maintenance for the current Department’s dispatch centers’ telephony and radio systems.

 

The terms in the Agreement may be used to accompany future purchase orders issued to Motorola, as necessary, per County Policy 11-04 Procurement of Goods, Supplies, Equipment, and Services. Additionally, County Policy 11-05 requires Departments to obtain approval from the Board for the procurement of goods and services with non-standard terms and conditions.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on April 27, 2026; Purchasing (Jason Cloninger, Lead Buyer, 387-0321) on April 28, 2026; Risk Management (Stephanie Pacheco, Staff Analyst, 396-9039) on April 24, 2026; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on May 22, 2026.