On the agenda: Powhatan County meeting — LPR camera (May 18)

AGENDA
POWHATAN COUNTY BOARD OF SUPERVISORS
REGULAR MEETING
MAY 18, 2026
6:00 PM CALL TO ORDER
This meeting is being held in the Village Building, 3910 Old Buckingham Road in Powhatan,
Virginia, and is open to the public to attend in person.
If you would like to watch in real-time, use this link: http://powhatanva.gov/432/Live-Stream-ofPowhatan-County-Meetings
If you would like to watch the meeting later, at your convenience, use this link:
http://powhatanva.gov/433/County-Meetings-and-Workshop-Videos-On-D
Public comments may be made in person during the appropriate comment period or submitted to
[email protected] or by leaving a voicemail at (804) 598-5612 prior to the
meeting. Any comments received up until 4:00 PM of the day of the meeting shall be entered into
the meeting minutes.

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POWHATAN COUNTY BOARD OF SUPERVISORS
REGULAR MEETING
MAY 18, 2026

1. Call to Order
2. Pledge of Allegiance
3. Invocation
4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of
Presentation
5. Formal Approval of Agenda
6. Special Appointments
A. District 5 Board of Supervisors Member

4

B. Emergency Management Coordinator / Fire Marshal

6

7. Board Updates
8. County Administrator Updates
9. Proclamations
A. Proclamation P-2026-10 Recognizing May 17-23, 2026, as Emergency.
Medical Services Week

14

B. Proclamation P-2026-11 Honoring Paula Duncan Region 1 2027 Teacher of
the Year

15

10. Presentations
A. 4-H Archery Team
11. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time
limit that can be extended by the Board)
12. Consent
A. Minutes March 5, 2026, Budget Workshop

16

B. Minutes May 4, 2026, Special Meeting

29

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POWHATAN COUNTY BOARD OF SUPERVISORS
REGULAR MEETING
MAY 18, 2026

C. Resolution R-2026-30 Amending the Fiscal Year 2026 Powhatan
County Operating Budget by Budgeting and Appropriating $25,000
in the Grants Fund

31

D. Resolution R-2026-31 Requesting State Road Acceptance by the
Virginia Department of Transportation (VDOT) for Watkins Mill Section 4

33

Resolution R-2026-32 Authorizing the Donation of a Surplus Fire-Rescue

37

E.

Vehicle to a non-profit Support Organization
13.

New Business

A. Resolution R-2026-33 Authorizing the County Administrator to Renew
Motorola FLEX Computer-Aided Dispatch Maintenance Contract

40

14. County Attorney Comments
15. County Administrator Comments
16. Board Comments
17. Closed Session & Certification (if needed)
18. Adjournment

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Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Appointment of Interim District 5 Board of Supervisors Member

Motion:

Move that the Powhatan County Board of Supervisors appoint Barbara Brown to
serve as the interim District 5 representative on the Board of Supervisors, effective
immediately, until the Special Election on November 3, 2026, and until the elected
candidate has qualified.

Dates Previously
Considered by Board:
Summary of Item:

N/A
The Powhatan County Board of Supervisors has a vacancy in the District 5 seat due to
the resignation of the previous District 5 representative. In accordance with applicable
law, the Board initiated a public process to fill the vacancy on an interim basis until a
Special Election is held.
The County advertised the vacancy and invited qualified voters residing in District 5 to
submit an application and resume for consideration. Applications were made available
through the County’s website and were due to County Administration by 5:00 p.m. on
May 1, 2026.
The Board reviewed application materials and conducted interviews with selected
candidates on May 4, 2026. Interviews were conducted in closed session in accordance
with the Virginia Freedom of Information Act.
Following this process, the Board selected Barbara Brown for appointment to serve as
the interim District 5 representative. If appointed, Ms. Brown will serve until the
Special Election scheduled for November 3, 2026, and until the candidate elected at
that Special Election has qualified.

Comments:

None

Budget/Fiscal Impact:

None

Attachments:

None

Staff/Contact:

Will Hagy, County Administrator
[email protected]

If Board members have questions, please call the staff / contact prior to the meeting.
4

OATH and QUALIFICATION
MEMBER OF THE BOARD OF SUPERVISORS
POWHATAN COUNTY, VIRGINIA
I, ____________________________, do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge all the duties incumbent upon me as a Member of
the Board of Supervisors for the County of Powhatan, for the term of office commencing on May
18, 2026, and expiring November 3, 2026, unless earlier removed, according to the best of my
ability, so help me God.
___________________________
SIGNATURE

I, Teresa Hash Dobbins, Clerk of the Circuit Court in and for the County of Powhatan, do
certify that ______________________ having been appointed by the Powhatan County Board of
Supervisors, to be the Interim Supervisor for District 5, commencing the 18th day of May, 2026,
for a term to run until November 3, 2026, appeared before me in my county on this 18th day of
May, 2026, and qualified for that office by taking and subscribing the above oath.
TERESA HASH DOBBINS, CLERK
BY

___________________________________

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Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Emergency Management Coordinator Appointment

Motion:

Move that the Powhatan County Board of Supervisors consent to the
appointment of Thomas E. Berry as Powhatan County Emergency Management
Coordinator pursuant to Virginia Code § 44-146.19.

Dates Previously
Considered by Board:

N/A

Summary of Item:

The Board is requested to consent to the appointment of Thomas E. Berry as
Powhatan County Emergency Management Coordinator. Under Virginia Code
§ 44-146.19, the local Director of Emergency Management appoints a
Coordinator of Emergency Management with the consent of the governing
body. This appointment will authorize Mr. Berry to carry out the
responsibilities of the Emergency Management Coordinator position and
support the County’s emergency preparedness, response, recovery, and
coordination efforts.

Comments:

None

Budget/Fiscal Impact:

None

Attachments:

None

Staff/Contact:

Will Hagy, County Administrator
[email protected]

If Board members have questions, please call the staff / contact prior to the meeting.
6

Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Fire Marshal Appointment

Motion:

Move that the Powhatan County Board of Supervisors appoint Thomas E. Berry
as Powhatan County Fire Marshal pursuant to Virginia Code § 27-30, and
authorize him to take and subscribe the required oath of office in accordance
with Virginia Code §§ 27-37 and 49-1.

Dates Previously
Considered by Board:

N/A

Summary of Item:

The Board is requested to formally appoint Thomas E. Berry as Powhatan
County Fire Marshal. This appointment is authorized under the Virginia Code
and will allow Mr. Berry to carry out the duties and responsibilities of the Fire
Marshal’s office. Following appointment by the Board, Mr. Berry will take and
subscribe the required oath of office before the Clerk of the Circuit Court,
affirming his commitment to support the Constitutions of the United States and
the Commonwealth of Virginia and to faithfully and impartially discharge the
duties of the position.

Comments:

None

Budget/Fiscal Impact:

None

Attachments:

None

Staff/Contact:

Will Hagy, County Administrator
[email protected]

If Board members have questions, please call the staff / contact prior to the meeting.
7

Resolution Appointing Thomas E. Berry as Fire Marshal and Emergency Management
Coordinator for Powhatan County
WHEREAS, Powhatan County has established emergency management responsibilities and
authorities for this position, including emergency preparedness planning, coordination with
County departments and outside agencies, management of the Emergency Operations Center,
grant administration, emergency response support, HazMat Officer duties, and authority during
emergencies as set forth in Resolution R-2025-43; and
WHEREAS, the Board of Supervisors desires to formally designate Thomas E. Berry to the Fire
Marshal and Emergency Management Coordinator as described therein R-2025-43.
NOW, THEREFORE, BE IT RESOLVED by the Powhatan County Board of Supervisors
that:
Thomas E. Berry is hereby appointed to serve as as Fire Marshal and Emergency Management
Coordinator for Powhatan County.
Thomas E. Berry shall have the duties and authority assigned to that position under Resolution
R-2025-43, including coordination of preparedness, response, recovery, hazard mitigation,
training, and related emergency management functions R-2025-43.
ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18,
2026.

ATTEST:
William Hagy, Clerk
Powhatan County Board of Supervisors

William Donati Jr., Chair
Powhatan County Board of Supervisors

Recorded Vote:
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Dr. Barbara Brown

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R-2026-34

Code of Virginia
Title 44. Military and Emergency Laws
Chapter 3.2. Emergency Services and Disaster Law

§ 44-146.19. Powers and duties of political subdivisions
A. Each political subdivision within the Commonwealth shall be within the jurisdiction of and
served by the Department of Emergency Management and be responsible for local disaster
mitigation, preparedness, response, and recovery. Each political subdivision shall maintain in
accordance with state disaster preparedness plans and programs an agency of emergency
management which, except as otherwise provided under this chapter, has jurisdiction over and
services the entire political subdivision.
B. Each political subdivision shall have a director of emergency management who, after the term
of the person presently serving in this capacity has expired and in the absence of an executive
order by the Governor, shall be the following:
1. In the case of a city, the mayor or city manager, who shall appoint a coordinator of emergency
management with consent of council;
2. In the case of a county, a member of the board of supervisors selected by the board or the chief
administrative officer for the county, who shall appoint a coordinator of emergency management
with the consent of the governing body;
3. A coordinator of emergency management shall be appointed by the council of any town to
ensure integration of its organization into the county emergency management organization;
4. In the case of the Towns of Chincoteague and West Point and of towns with a population in
excess of 5,000 having an emergency management organization separate from that of the county,
the mayor or town manager shall appoint a coordinator of emergency services with consent of
council;
5. In Smyth County and in York County, the chief administrative officer for the county shall
appoint a director of emergency management, with the consent of the governing body, who shall
appoint a coordinator of emergency management with the consent of the governing body.
C. Whenever the Governor has declared a state of emergency, each political subdivision within
the disaster area may, under the supervision and control of the Governor or his designated
representative, control, restrict, allocate, or regulate the use, sale, production, and distribution of
food, fuel, clothing, and other commodities, materials, goods, services, and resource systems
which fall only within the boundaries of that jurisdiction and which do not impact systems
affecting adjoining or other political subdivisions, enter into contracts and incur obligations
necessary to combat such threatened or actual disaster, protect the health and safety of persons
and property, and provide emergency assistance to the victims of such disaster. In exercising the
powers vested under this section, under the supervision and control of the Governor, the political
subdivision may proceed without regard to time-consuming procedures and formalities
prescribed by law (except mandatory constitutional requirements) pertaining to the performance
of public work, entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, levying of taxes, and
appropriation and expenditure of public funds.
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D. The director of each local organization for emergency management may, in collaboration with
(i) other public and private agencies within the Commonwealth or (ii) other states or localities
within other states, develop or cause to be developed mutual aid arrangements for reciprocal
assistance in case of a disaster too great to be dealt with unassisted. Such arrangements shall be
consistent with state plans and programs and it shall be the duty of each local organization for
emergency management to render assistance in accordance with the provisions of such mutual
aid arrangements. Except where a mutual aid arrangement for reciprocal assistance exists
between localities, no locality shall prohibit another locality from providing emergency medical
services across local boundaries solely on the basis of financial considerations.
E. Each local and interjurisdictional agency shall prepare and keep current a local or
interjurisdictional emergency operations plan for its area. The plan shall include, but not be
limited to, responsibilities of all local agencies and shall establish a chain of command, and a
provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries
Compensation Fund shall be contacted immediately to deploy assistance in the event of an
emergency as defined in the emergency response plan when there are victims as defined in §
19.2-11.01. The Department of Criminal Justice Services and the Virginia Criminal Injuries
Compensation Fund shall be the lead coordinating agencies for those individuals determined to
be victims, and the plan shall also contain current contact information for both agencies. Such
plan shall also contain provisions to ensure that the plan is applied equitably and that the needs
of minority and vulnerable communities are met during emergencies. Every four years, each local
and interjurisdictional agency shall conduct a comprehensive review and revision of its
emergency operations plan to ensure that the plan remains current, and the revised plan shall be
formally adopted by the locality's governing body. In the case of an interjurisdictional agency,
the plan shall be formally adopted by the governing body of each of the localities encompassed
by the agency. Each political subdivision having a nuclear power station or other nuclear facility
within 10 miles of its boundaries shall, if so directed by the Department of Emergency
Management, prepare and keep current an appropriate emergency plan for its area for response
to nuclear accidents at such station or facility.
F. All political subdivisions shall provide (i) an annually updated emergency management
assessment and (ii) data related to emergency sheltering capabilities, including emergency
shelter locations, evacuation zones, capacity by person, medical needs capacity, current wind
rating, standards compliance, backup power, and lead agency for staffing, to the State
Coordinator of Emergency Management on or before August 1 of each year.
G. By July 1, 2005, all localities with a population greater than 50,000 shall establish an alert and
warning plan for the dissemination of adequate and timely warning to the public in the event of
an emergency or threatened disaster. The governing body of the locality, in consultation with its
local emergency management organization, shall amend its local emergency operations plan that
may include rules for the operation of its alert and warning system, to include sirens, Emergency
Alert System (EAS), NOAA Weather Radios, or other personal notification systems, amateur radio
operators, or any combination thereof.
H. Localities that have established an agency of emergency management shall have authority to
require the review of, and suggest amendments to, the emergency plans of nursing homes,
assisted living facilities, adult day centers, and child day care centers that are located within the
locality.
1973, c. 260; 1974, c. 4; 1975, c. 11; 1978, c. 495; 1982, c. 5; 1990, cc. 404, 945; 1993, cc. 621, 671,
2
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781; 2000, c. 309;2003, c. 622;2004, c. 302;2005, cc. 6, 205;2006, c. 138;2007, cc. 97, 129, 138;
2009, cc. 222, 269;2012, c. 418;2018, c. 228;2020, cc. 94, 1021;2021, Sp. Sess. I, c. 27;2022, c. 217;
2024, cc. 37, 150.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

3
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Code of Virginia
Title 27. Fire Protection
Chapter 3. Local Fire Marshals

§ 27-37. Oath of fire marshal and assistants
The fire marshal and his assistants, before entering upon their duties, shall respectively take an
oath, before any officer authorized to administer oaths, faithfully to discharge the duties of such
office; the certificate of the oath shall be returned to and preserved by such governing body.
Code 1919, § 3140.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.

1
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OATH and QUALIFICATION
FIRE MARSHAL and EMERGENCY MANAGEMENT
COORDINATOR
POWHATAN COUNTY, VIRGINIA
I, Thomas E. Berry, do solemnly swear (or affirm) that I will support the Constitution of
the United States, and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge all the duties incumbent upon me as Fire Marshal and
Emergency Management Coordinator for the County of Powhatan, according to the best of my
ability, so help me God.
___________________________
SIGNATURE

I, Teresa Hash Dobbins, Clerk of the Circuit Court in and for the County of Powhatan, do
certify that Thomas E. Berry having been appointed by the Powhatan County Board of
Supervisors, to be the Powhatan County Fire Marshal and Emergency Management
Coordinator, appeared before me in my county on this 18th day of May, 2026, and qualified for
that office by taking and subscribing the above oath.
TERESA HASH DOBBINS, CLERK
BY

___________________________________

13

Board of Supervisors
William A. Donati Jr., Chairman
Steve W. McClung
Robert W. Powers

3834 Old Buckingham Road

Mark A Kinney, Vice-Chair

Powhatan, Virginia 23139

County Administrator
William Hagy

Barbara Brown

The County of

Powhatan
PROCLAMATION RECOGNIZING MAY 17-23, 2026, AS EMERGENCY MEDICAL
SERVICES WEEK
WHEREAS, Emergency Medical Services is a vital public service; and
WHEREAS, the members of Emergency Medical Services teams are ready to provide lifesaving
care to those in need 24 hours a day; and
WHEREAS, access to quality emergency care dramatically improves the survival and recovery
rate of those who experience sudden illness or injury; and
WHEREAS, the Emergency Medical Services system consists of first responders, Emergency
Medical Technicians, Paramedics, emergency medical dispatchers, firefighters, police officers,
educators, administrators, pre-hospital nurses, emergency nurses, emergency physicians, trained
members of the public, and other out-of-hospital medical care providers; and
WHEREAS, the members of Emergency Medical Services teams, whether career or volunteer,
engage in thousands of hours of specialized training and continuing education to enhance their
lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of Emergency
Medical Services providers by designating the Emergency Medical Services Week;
NOW, THEREFORE, the Board of Supervisors of Powhatan County do hereby proclaim May
17-23, 2026, as Emergency Medical Services Week.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18, 2026.

_____________________
William Hagy, Clerk
Powhatan County Board of Supervisors

_____________________
William Donati Jr, Chairman
Powhatan County Board of Supervisors

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P-2026-10

Board of Supervisors
William A. Donati Jr., Chairman
Steve W. McClung
Robert W. Powers
Mark A Kinney, Vice-Chair
Barbara Brown

County Administrator
William Hagy

The County of

Powhatan
Proclamation Recognizing Ms. Paula Duncan as Region 1 Teacher of the Year
WHEREAS, the Powhatan County Board of Supervisors is pleased to recognize outstanding
educators whose dedication, professionalism, and service strengthen the lives of students and
contribute to the quality of life in Powhatan County; and
WHEREAS, Ms. Paula Duncan, a teacher with Powhatan County Public Schools, has been
recognized as Region 1 Teacher of the Year, an honor reflecting her excellence in teaching,
instructional leadership, and commitment to student success; and
WHEREAS, Ms. Duncan is regarded as a master educator who brings history and geography to
life through engaging instruction, high expectations, and the intentional use of literacy strategies
that support diverse learners and promote measurable student growth; and
WHEREAS, as a credentialed Reading Specialist, Ms. Duncan has demonstrated an exceptional
ability to strengthen reading and critical thinking skills across content areas, helping students
build the academic foundation needed for success in school and beyond; and
WHEREAS, Ms. Duncan’s leadership extends beyond her classroom through her service as
Social Studies Department Chair, long-time Content Lead, mentor to fellow educators, National
Honor Society sponsor, Tech Ambassador, and professional development leader; and
WHEREAS, her influence reaches across the Commonwealth through her work with Virginia
Department of Education committees related to World History Standards of Learning, as well as
nationally through her service as an Advanced Placement Human Geography Exam Reader for
the College Board; and
WHEREAS, Ms. Duncan’s professional growth and global perspective—including her
participation as a 2025 Geography Teacher Fellow of the American Geographical Society and her
educational experiences in countries around the world—allow her to provide students with
authentic, meaningful, and globally informed learning opportunities; and
WHEREAS, Ms. Duncan has earned the admiration of students, families, colleagues, and the
broader school community through her clear communication, poise, civic leadership, and
unwavering commitment to the teaching profession; and

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P-2026-11

WHEREAS, Ms. Duncan’s impact is further reflected in the many former students who have
been inspired by her example to return to Powhatan and serve as social studies teachers, as well
as in her own family legacy of education, with both of her daughters serving as teachers in the
division; and
WHEREAS, the Powhatan County Board of Supervisors wishes to publicly celebrate Ms.
Duncan’s achievement and express its appreciation for her service to Powhatan County Public
Schools and the students of this community.
NOW, THEREFORE, BE IT PROCLAIMED, that the Powhatan County Board of
Supervisors hereby recognizes and congratulates Ms. Paula Duncan for being named Region 1
Teacher of the Year and extends its sincere appreciation for her outstanding service, leadership,
and dedication to the students and families of Powhatan County.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18, 2026.

_____________________
William Hagy, Clerk
Powhatan County Board of Supervisors

_____________________
William Donati Jr, Chairman
Powhatan County Board of Supervisors

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POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
AT A BUDGET WORKSHOP OF THE BOARD OF SUPERVISORS HELD IN THE
VILLAGE BUILDING CONFERENCE ROOM, 3910 OLD BUCKINGHAM ROAD IN
POWHATAN COUNTY, VIRGINIA, ON MARCH 05, 2026 AT 3:00PM.
Board of Supervisors Present:

William Donati Jr., Chair, District 1
Mark Kinney, Vice-Chair, District 4
Steve W. McClung, District 2
Robert Powers, District 3

Board of Supervisors Absent:

Denise Morrissette, District 5

County Staff Present:

Will Hagy, County Administrator
Kalli Jackson, County Attorney
Sarah Barnett, Deputy County Administrator
Brian Haney, Deputy County Administrator
Charla Schubert Finance Director
Will Morris, Budget Manager
Taylor Goodman, Deputy Chief of Fire and EMS
DJ Johnston, Fire and EMS Chief
Jeff Searfoss, Chief Deputy Sheriff

Constitutional Officers Present:

Jamie Timberlake, Commissioner of the Revenue

___________________________________________________________________________

1. Call to Order
Chairman Donati called the meeting to order at 3pm.
2. Pledge of Allegiance
Mr. McClung led the pledge of allegiance
3. Invocation
Mr. Kinney gave the invocation
4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the
Order of Presentation
None
5. Formal Approval of Agenda

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POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Chairman Donati asked if there were any requests to postpone agenda items, make any
additions, deletions, or changes in order of presentation. Seeing none, he requested a
motion to approve.
Mr. McClung motioned to approve the agenda.
Mr. Kinney seconded the motion.
6. Presentation
a. Introduce Financial Forecast, Budget presentation and Discuss Tax Rates
Mr. Hagy presented a slideshow on the FY27 Budget Workshop. He provides an
overview of what the board has already accomplished from July of 2025 to March
of 2026.
Mr. Hagy identifies several themes that have emerged during the development of
the FY2027 budget. These include maintaining competitive pay with neighboring
localities, focusing the CIP on a realistic 10-year outlook, reducing reliance on
debt, and aligning budgetary decisions with the board's strategic plan.
Mr. Hagy provides a current financial model. He points out that the total fund
balance declines in the out years due to the CIP projects.
Mr. Hagy reviewed the FY2027 proposed revenues. He stated that the proposed
total general fund is $90.4 million, and the total of all funds is $174.6 million. He
continues that the proposed interfund transfers are $42,963,041 and the total
revenue net transfers are $131.6 million. He stated that these numbers represent
2.2% growth from FY26 - FY27, with the rate of inflation being 2.5% during that
time.
Mr. McClung asked for a breakdown of how the five-cent tax increase last year
was allocated.
Mr. Hagy responded yes. He moved on to the notable changes regarding taxes. He
stated that for the FY2027 Proposed Budget, the Real Estate Taxes are projected
to increase at $51,000,000, the Personal Property taxes are projected to decrease
at $15,244,000, the Local Sales and Use Taxes are projected to increase at
$6,172,000, and the Public Service Corporation Taxes are projected to increase at
$900,000.

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2

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Mr. Hagy reviewed how the county real estate tax base has grown over time, both
in taxable assessments and in home values, with a compound annual growth rate
of 9.1% from 2019-2025. The projected taxable assessment for FY27 is $7.02B.
Mr. Hagy provided an overview of how the real estate tax revenue was estimated
by taking the current projected property values and applying the current tax rate
while adjusting for historic rates of collection. The total FY27 projection is
$51,161,663, and it's $51,000,000 with a conservative adjustment.
Mr. Hagy showed a graph of the county’s real estate tax rates over the last 30
years. He stated that the overall trend is that tax rates has historically changed
year to year which is challenging for long-term fiscal planning. He stated that the
key focus is to begin stabilizing the rate for long-term strategic planning.
Chairman Donati asked whether there would be a recommendation at that point to
set the expected rate. Mr. Hagy responded that there are too many variables to set
a rate and commit to it.
Chairman Donati notes that it would be ideal for Powhatan to experience similar
economic growth to that of Chesterfield and Henrico county.
Mr. Powers asked if the two spikes seen on the graph were the result of significant
bonded borrowing during that period.
Mr. Hagy stated that the spikes roughly aligned with when the county took on
debt for projects such as the middle school, PLC renovations, and the water tower.
Mr. Kinney asked whether data was available on homeschooling rates in
Powhatan and their potential impact on declining school enrollment and future
budget considerations. Mr. Hagy responded that he will look into the matter. He
then presents a broad view of the revenues that make up the FY27 budget and
stated that the key takeaways is that real estate tax makes up ⅔ of total revenue.
He pointed out taxes collected by utility providers.
Mr. Hagy noted that at the board retreat they discussed Gross Receipts Tax,
Lodging tax, meal tax, and the possibility of a 1% Local Sales tax for schools. He
mentioned that House Bill 334 and Senate Bill 66 pertain to this item, and that
HB334 has more flexible cost provisions.

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3

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Mr. Powers asked for clarification regarding the 11.1% figure, noting that he had
understood projections to reflect a 5% increase in assessments.
Budget Manager, Will Morris, explained that the 11.1% increase includes both
projected assessment growth and the proposed rate change. They noted that
assessments are projected to increase by approximately 7–8%, based on a 5%
annual growth assumption, with an additional 3–4% increase resulting from the
proposed 2-cent rate adjustment.
Mr. Hagy reviewed the FY2027 Expenditures. He highlighted the budget
priorities which included preserving what the county already has, maintaining
strong support for school, investing and safety and efficient operations, and
positioning the county for the future.
Mr. Hagy goes over the proposed expenditures, which include a Total General
Fund of $90.4 million and without transfers is $47.5 million. The total of all funds
is $174.6 million and the total less transfers is $131.6 million.
Mr. McClung asked whether the proposed 77-cent tax rate would cover
compensation and classification adjustments, a 3% salary increase, retiree
payouts, health insurance increases, personnel costs, and the County’s proposed
CIP. He also asked if out of that percent, is there any money going toward
‘savings’.
Mr. Hagy responded yes. He explained that the proposed FY27 CIP differs
significantly from the FY26 approved CIP and that additional details would be
presented later, with further discussion to occur during a workshop.
Mr. Hagy highlighted the notable drivers on the expenditure side, including a
local schools transfer of $33.5 million, public safety at $15.1 million, and debt
service at $10.3 million.
Mr. McClung noted that $33.5 million is going to the school, and asked how
much they are asking from the board.
Mrs. Jackson responded that in order to balance their budget, the school board is
asking for $34.7 million. She explains that without the adjustment, the schools
would face a $1.2 million shortfall. She stated that approximately $860,000 in

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4

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
potential expenditure reductions could lower the gap, leaving an estimated
remaining shortfall of about $367,000, subject to confirmation. She continued and
stated that the board provided $1.75 million above the schools’ request last year,
for a total of $30,857,560.
Mr. Powers asked whether the proposed transfer at the 77-cent rate reflects an
equal 50/50 split between County retention and the amount passed to the schools.
He then asked whether the schools are expected to fund their LCI from the 50/50
split
Mr. Hagy confirms both questions. He then reviews the General Compensation
Updates which includes a Comp Class Adjustment of $855,654, a Salaries and
Benefits Raise of 3% at $580,572, Leave Payout for Retirees at $93,790,
Reduction in VRS rates at $229,123, and Health Insurance Increases of 10.5% at
$294,984.
Mr. Powers asked if the Comp and Class adjustment is county wide, to which Mr.
Hagy confirmed.
Mr. Hagy summarized the FY27 budget positions, including new EMS and public
safety communications roles, the Public Information Officer, and library and
recreation staff. He noted that most costs are offset by state funding or program
revenues. Additional recreation staffing is expected to support continued revenue
growth.
Mr. Hagy highlighted key operating increases in the FY27 budget, including a
$62,000 building rent increase tied to moving county offices to the RHB building,
which expands square footage and addresses current space needs. He also noted
software-related cost increases in the Commissioner of the Revenue and
Treasurer’s offices. Additional operating increases were summarized for review
on the following slide.
Mr. McClung asked what a realistic time frame would be to put these changes
into operation and expect revenue.
Mr. Hagy responded that more details will be available after the March 17th
meeting.

21
5

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Mrs. Jackson explained that implementation could begin January 1, 2027, with
collections starting at the next business license renewal in the second half of
FY27.
Mr. Hagy continued, noting that two staff and the athletic fields budget were
moved from Public Works to Parks and Recreation, reflecting increases in Parks
and Recreation and corresponding reductions in Public Works. He also noted that
a debt service fund dedicated last year is being reallocated back into the general
fund for FY27.
Mr. Hagy reviewed unfunded requests for FY27, totaling just over $1.1 million,
and noted changes in other funds, including the Comprehensive Services Act, and
he highlighted utility budgeting, including a $232,000 contribution to Richmond’s
water treatment plant capital projects.
Mr. Hagy transitioned to the CIP, and emphasized it's primary goals: a realistic,
prioritized, and financially sustainable plan, a future projects planning document
to capture priorities beyond the county’s current fiscal capacity, and reserving
debt financing for our major capital projects and not routine replacements.
Mr. Hagy presented the proposed FY27 10-year CIP, noting that the FY26
adopted CIP totaled just over $328 million. For FY27, general fund projects were
reduced by $1.7 million, bonded school projects by over $17 million, and total
projects by $27 million. He emphasized that ongoing effort will be needed to fully
achieve that goal.
Mr. McClung asked whether a mechanism will be put in place requiring the
schools to coordinate with the County to bridge gaps between estimated and
actual costs.
Mr. Hagy noted that upcoming projects provide opportunities for the County and
schools to share best practices, and that improvements in coordination are already
underway.
Mr. Powers asked for clarification on the CIP reductions. Mr. Hagy and Mrs.
Jackson explained that differences result from shifting the 10-year period,

22

6

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
removing FY26, adjusting FY27 projects, and adding FY36, so totals reflect
changes across different time frames.
Mr. Hagy reviewed the Cash Funded Projects and Capital Maintenance
expenditures embedded in FY27, and stated that the board will review them more
thoroughly during the CIP workshop.
Mr. Powers raised concerns that the $175,000 for converting the old gym washing
area into an office is an extravagance that could be postponed. He also questioned
the value of repeated master and trail plans.
Mr. Hagy noted that these items were included because they align with the
Board’s strategic plan, referencing prior plans like the economic development
plan, library strategic plan, and parks and recreation strategy.
Mr. Powers questioned whether the historic courthouse renovation included
requested safety improvements.
Mr. Hagy noted it remains a priority and does not currently pose a public safety
risk.
The Board discussed timing and funding for major projects, noting the courthouse
renovation is planned for design around FY29 and construction in FY30.
Mr. Hagy reiterated debt constraints, emphasizing the Pocahontas Elementary
project cannot be fully funded in FY27 but may begin to align with FY28.
Mr. Kinney suggested a phased approach to mitigate cost increases, though he
noted implementation challenges under the current project structure.
Mr. Powers asked whether the 77-cent tax rate would increase bonded borrowing
capacity beyond the $3 million annual limit.
Mr. Hagy confirmed it would increase capacity and noted that debt affordability is
gradual due to fiscal years spanning multiple calendar-year tax rates.
Mr. Hagy reviewed the proposed FY27 budget for County Vehicles, including
sheriff, administration, and buses, totaling $1.3 million. He noted that the vehicle
requests include an F-250 for Parks and Recreation and a van for Social Services,
with the truck supporting staff recently transferred from Public Works.
6

23

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Mr. Hagy reviewed the FY27 Debt-Funded Projects, which includes the
Pocahontas Elementary HVAC project total at $7.8 Million.
Mr. Kinney asked what the difference between the estimate and actual cost would
be. He raised concerns about cost overruns. noting a project estimated near $4
million has grown to approximately $14 million after multiple borrowing rounds.
Mr. Powers emphasized the need for more accurate cost estimates and stronger
coordination to prevent large gaps between initial projections and final bids.
Mr. Hagy acknowledged that capital planning and cost estimating are developing
skills within the County but less consistent in the schools. They noted that
projects evolve over time and emphasized using larger early contingencies.
Mr. Hagy reviewed the FY27 requested projects, maintenance, and vehicles that
were not proposed,
Mr. Kinney questioned why the requested fire and rescue vehicle were not
proposed.
Mr. Hagy noted the unfunded Fire and Rescue items are replacements with no
immediate safety risk. He then moved on to the FT27 Fee Schedule Updates. He
reviewed the FY27 Proposed Fee Schedule Updates,
Mr. Powers mentioned AMD’s and suggested increasing the application fees to
cover costs.
Mr. Hagy explained that no changes are proposed for AFDs at this time, but the
fee could be raised without affecting the process. He confirmed the budget could
reflect the updated $500 fee to cover costs.
Mr. Hagy moved on the discuss the FY27 Outside Agency Funding and reviewed
the FY27 Outside Agency Funding Process. He reviewed the FY27 Outside
Agency Funding process, explaining that a July application was posted for
agencies. A committee evaluated each application based on the board’s strategic
plan, determining how each request supported it. The proposed funding totals
$85,500, based on the committee’s recommendations.
Mr. Powers asked about funding for the free clinic and the War Memorial
Cultural Arts Center.

24

7

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
Mr. Hagy clarified that the free clinic is covering its own construction costs, so
their $135,000 request isn’t included in total calculations, and the Arts Center
can’t receive tax exemptions so their $15,000 request was for bathroom
renovations and would need to come as a contribution instead.
Mr. Hagy reviewed upcoming key dates, including the March 11th school board
workshop, the March 12th departmental and personnel workshop, the March 16th
CIP workshop and tax rate discussion, and March 26th decision on budget to
advertise.
Mr. Kinney asked why Habitat receives considerably more funding than Willow
Collaborative.
Mr. Hagy responded that the board could adjust allocations if they chose.
Mr. Powers noted the difference in service scope as a justification for the funding
disparity. He suggested randomly auditing outside agencies every other year to
ensure accountability, noting that the new application process already requires
some financial information upfront.
Mrs. Jackson explained that the committee has recommended refinements for next
year’s outside agency funding process.
The board discussed increasing the Willow Collaborative funding from $5,000 to
$10,000. Mr. Hagy noted the organization does good work and also receives other
funding, and confirmed the increase could be covered without reducing
allocations to other groups, by adjusting the fund balance contribution.
Mr. Powers asked a question regarding the budget status for the PLC parking lot
and the permit software.
Mr. Hagy explained that the PLC parking lot is programmed as a county public
arts project because it visibly needs repair. The $185,000 for permit software is
prioritized because it supports economic development goals by improving speed
and consistency in the development process.
Chairman Donati asked about the potential cost for Powhatan County to hire
someone to monitor legislation and report back on issues affecting local

8
25

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
government, noting that some neighboring counties pay staff for this function and
asking about the feasibility of sharing costs with other counties.
Mr. Hagy said Powhatan should first clarify legislative priorities before
considering a state-level advocate, citing Chesterfield as a model.
Mr. Powers asked about the cost and difference of having a dedicated advocate.
Mrs. Jackson noted Powhatan contributes roughly $6,700 annually for a lobbyist.
Mr. Hagy added they also work with BAMW, which provides advocacy in
utilities, and larger counties sometimes contract with their attorney.
Mr. Powers questioned the impact Powhatan could have given its small
population compared to Chesterfield. Mr. Hagy acknowledged the difference but
said there’s still an opportunity for proactive engagement at the General
Assembly. Moving the legislative workshop to May allows more timely
advocacy, and drilling into county needs will be important.
Chairman Donati reminded the board to review the school budget ahead of the
next workshop.
7. Public Comment
Runit Mazdar 4481 Cosby Road represented the Brooklyn Estates Homeowners
Association. He argued that while public school sports are important, character-building
also comes from understanding limited resources and making priorities. He highlighted
declining public school enrollment, the financial struggles of local residents, and the risks
of fully funding all school wants, noting that even small budget reductions are
manageable. He asked whether the school board has considered living within its means
before requesting additional funding. Finally, he questioned why the county proposes
adding two public-facing positions, a library PR specialist and a public information
officer, before funding three EMS positions, given that resident safety is the core mission.
Mike Oliver argued that while schools deserve scrutiny, pilot programs often become
permanent funding requests without clear outcomes. They emphasized that the county’s
tax rate of 77 cents is high, and suggested planning for gradual increases to match rising
costs. The speaker highlighted the county’s aging population, lack of affordable housing,

26

9

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
and declining school enrollment, noting that public schools will continue losing
“customers” despite asking for more funds. They criticized the schools’ “brinksmanship”
in funding requests, urging a more realistic approach.
8. County Administrator Comments
Mr. Hagy explained that the library and Parks and Recreation positions were added
strategically. For the library, staffing would increase from seven to nine, with almost all
funding coming from the state, resulting in a local cost of approximately $9,000. For
Parks and Recreation, one position supports summer camps, with expected revenues
sufficient to cover the cost, while the second position addresses programming growth.
Revenues for Parks and Recreation have increased from $1,500 in fiscal year 2022 to
$60,000 currently, justifying the addition. Overall, the inclusion of these positions is
motivated by expected revenue offsets and alignment with strategic plans.
9. County Attorney Comments
None
10. Board of Supervisors Comments
None
11. Adjournment
Chairman Donati adjourned the meeting at 4:43 pm.
ATTEST:
___________________
William Hagy, Clerk
Powhatan County Board of Supervisors

_____________________
William Donati Jr, Chairman
Powhatan County Board of Supervisors

Recorded Vote:

10
27

POWHATAN COUNTY BOARD OF SUPERVISORS
BUDGET WORKSHOP MINUTES
MARCH 05, 2026
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Barbara Brown

28

11

POWHATAN COUNTY BOARD OF SUPERVISORS
SPECIAL MEETING MINUTES
May 4, 2026
AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS HELD IN THE
VILLAGE BUILDING CONFERENCE ROOM, 3910 OLD BUCKINGHAM ROAD
IN POWHATAN COUNTY, VIRGINIA, MAY 4, 2026 AT 3:00 PM.

1.

Board of Supervisors Present:

William Donati Jr., Chair, District 1
Mark Kinney, Vice-Chair, District 4
Steve W. McClung, District 2
Robert Powers, District 3
Denise Morrissette, District 5

Board of Supervisors Absent:

None

County Staff Present:

Will Hagy, County Administrator
Kalli Jackson, County Attorney
Melissa Lowe, Human Resources Director
Katie Shifflett, Deputy Clerk

Call to Order

Chair Donati called the meeting to order at 3:00 p.m.
2.

Candidate Names and Application Materials

A. Publishment of all candidate names and application materials proposed for the Interim
Appointment to the Board of Supervisors for Election District 5, in
accordance with Virginia Code Section 24.2-228.
Chair Donati announced that all applicant names and application materials are published in the
meeting agenda packet and available for public inspection.
3.

Closed Session

A. Motion
Chair Donati motioned for the Powhatan County Board of Supervisors to convene a Closed
Meeting to discuss, consider, and interview potential candidates to serve as the Interim Board of
Supervisors member for Election District 5, as permitted by Virginia Code Section 2.2-3711 A.1.
Mr. Kinney seconded the motion.
Chair Donati, Mr. McClung, Mr. Powers, Mr. Kinney, and Mrs. Morrissette all vote AYE.
29

1

POWHATAN COUNTY BOARD OF SUPERVISORS
SPECIAL MEETING MINUTES
May 4, 2026
MOTION APPROVED
5-0
B. Certification. Upon reconvening in open meeting, Chair Donati stated that the Freedom of
Information Act (FOIA) certification is required at this time and requested certification, pursuant
to Virginia Code § 2.2‑3712(D), that, to the best of each member’s knowledge, only public
business matters lawfully exempt from open meeting requirements under FOIA, and only those
matters identified in the motion to close the meeting, were discussed or considered during the
closed session.
Chair Donati, Mr. McClung, Mr. Powers, Mr. Kinney, Mrs. Morrissette, all voted AYE to certify
compliance with this requirement by roll call vote.
MOTION APPROVED
5-0
4. Adjournment
Chair Donati Adjourned the meeting at 7:40 p.m.

Attest:
_________________
William Hagy, Clerk
Powhatan County Board of Supervisors

____________________
William Donati Jr, Chairman
Powhatan County Board of Supervisors

William Donati, Jr. ______
Steve W. McClung _______
Robert Powers _______
Mark Kinney
_____
Barbara Brown _____

30

2

Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Resolution R-2026-30 Amending the Fiscal Year 2026 Powhatan County
Operating Budget by Budgeting and Appropriating $25,000 in the Grants Fund

Motion:

Move to approve Resolution R-2026-30

Dates Previously
Considered by Board:

N/A

Summary of Item:

The County has received $25,000 in Byrne Justice Assistance Grant funds.
These funds will be used to purchase equipment for the Sheriff’s Office.
This resolution formally appropriates the grant funds received.

Staff:

__X__

Approve

____ Disapprove

_____ See Comments

Commission/Board:

_N/A_

Approve

____ Disapprove

_____ See Comments

Comments:

None

Budget/Fiscal Impact:

$25,000 in federal funds

Attachments:

Resolution

Staff/Contact:

Charla W. Schubert, Director of Finance, 804-598-5780,
[email protected]

If Board members have questions, please call the staff / contact prior to the meeting.
31

R-2026-30
RESOLUTION
AMENDING THE FISCAL YEAR 2026 POWHATAN COUNTY OPERATING BUDGET
BY BUDGETING AND APPROPRIATING $25,000 IN THE GRANTS FUND
WHEREAS, on April 28, 2025, the Powhatan County Board of Supervisors adopted Resolution
R-2025-20, which adopted the Fiscal Year 2026 Powhatan Operating Budget in the amount of
$171,043,191; and
WHEREAS, Virginia Code Section 15.2-2507 states that any locality may amend its budget and
must first hold a public hearing which is advertised in accordance with state law if any such
amendment exceeds one percent of the total expenditures of the currently adopted budget; and
WHEREAS, the amendment of the budget in this resolution in the amount of $25,000.00 (0.015%)
does not exceed one percent of the adopted budget and therefore a public hearing was not held.
NOW, THEREFORE, BE IT RESOLVED, the FY 2026 Powhatan County Operating Budget
is hereby amended and the funds appropriated as shown:
GRANTS FUND
REVENUES
Byrne Justice Assistance Grants

116-18-33010-0005

$

25,000.00

EXPENDITURES
Byrne Grant

116-30-31202-8101

$

25,000.00

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18,
2026.
ATTEST:

William Hagy, Clerk
Powhatan County Board of Supervisors

William Donati, Jr, Chair
Powhatan County Board of Supervisors

Recorded Vote:
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Barbara Brown

32

Page 1 of 1

Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Resolution R-2026-31 Requesting State Road Acceptance by the Virginia
Department of Transportation (VDOT) for certain road segments in Watkins
Mill Section 4

Motion:

Move to approve the Resolution as presented

Dates Previously
Considered by Board:

April 27, 2026

Summary of Item:

Section 4 of the Watkins Mill Subdivision has reached the 80 percent threshold
where no additional building permits may be issued until the road is accepted by
VDOT, per the County’s Subdivision Ordinance (68-215. – Performance
guarantees).
On April 27, 2026, the Board of Supervisors approved Resolution R-2026-27
requesting VDOT accept all road segments in Watkins Mill Section 4. Following
Board adoption, VDOT informed staff of errors in its form, which included two
cul-de-sacs that are not yet eligible for state acceptance because they do not yet
meet VDOT’s “public benefit” requirements, which require having three owneroccupied dwellings.
The new Resolution and corrected AM 4.3 must be adopted by the Board before
VDOT’s Central Office will accept the segments of Watkins Mill Road that do
meet the criteria for VDOT acceptance. Once the cul-de-sacs meet the “public
benefit” requirements, acceptance of those segments will be requested.
The new Resolution will replace, supersede and render ineffective Resolution R2026-27.

Staff:

__X__ Approve

____ Disapprove

Comments:

None

Budget/Fiscal Impact:

None

Attachments:

Resolution, VDOT Form AM 4.3

Staff/Contact:

Ligon Webb, Planning Director, (804) 598-5621 x2006
[email protected]

33

_____ See Comments

R-2026-31
RESOLUTION REQUESTING STATE ROAD ACCEPTANCE BY THE
VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR
WATKINS MILL SECTION 4
WHEREAS, on April 27, 2026, the Board of Supervisors adopted Resolution R-2026-27 requesting the
Virginia Department of Transportation add segments of Watkins Mill Road, Burhstone Court, and Tailrace Court
as described in an attached Form AM 4.3 to the Secondary System of State Highways; and
WHEREAS, following Board adoption, staff were informed that the Form AM 4.3 provided by VDOT was
incorrect and the segments of Burhstone Court and Tailrace Court should not have been included as they are culde-sacs which do not yet meet VDOT’s requirements for public benefit; and
WHEREAS, VDOT acceptance of the cul-de-sacs will be requested at a later date when the public benefit
requirement is met; and
WHEREAS, VDOT informed staff that an amended Form AM 4.3 would need to be approved by the Board
for VDOT to accept the segments that currently meet their requirements into its system; and
WHEREAS, the purpose of this Resolution is to adopt the corrected Form AM 4.3 provided by VDOT; and
WHEREAS, this Resolution replaces, supersedes and renders ineffective Resolution R-2026-27; and
WHEREAS, the segments of Watkins Mill Road described on the attached corrected Form AM 4.3, fully
incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Powhatan
County; and
WHEREAS, the road as described has been completed and meets the public service criteria of the
Subdivision Street Requirements, and
WHEREAS, the VDOT Form AM 4.3, attached and incorporated herein as part of this resolution,
defines the addition required in the Secondary System of State Highways; and
WHEREAS, the segments identified on the incorporated Form AM 4.3 are ready to be accepted into the
Secondary System of State Highways.
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board of Supervisors that the streets meet the requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation;
NOW THEREFORE, BE IT RESOLVED, the Board requests the Virginia Department of
Transportation add the segments identified on the incorporated Form AM 4.3 to the Secondary System of State
Highways, pursuant to Virginia Code Section 33.2-705, for which segments this Board hereby guarantees the
right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and
BE IT FURTHER RESOLVED that this Resolution replaces, supersedes and renders ineffective
Resolution R-2026-27, which was adopted by the Board on April 27, 2026, and

34

R-2026-31
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency
Administrator for the Virginia Department of Transportation.
ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18, 2026.
ATTEST:
William Donati Jr., Chair
Powhatan County Board of Supervisors

Will Hagy, Clerk
Powhatan County Board of Supervisors
Recorded Vote:
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Barbara Brown

35

Form AM 4.3
(Rev 05/13/2026)

ICR ID: 43563664
SSAR

COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION
Form AM 4.3
In Powhatan County
by Resolution of the governing body adopted 5/18/2026
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the
secondary system of state highways.
A Copy Testee

Signed (County Official):__________________________________________________________

Report of Changes in the Secondary System of State Highways
Project/Subdivision: Watkins Mill Sec 4 Portion of

CHANGE TYPE

RTE NUM &
STREET NAME

CHANGE
DESCRIPTION

FROM TERMINI

TO TERMINI

Addition

Rt. 1400 - Watkins
Mill Road

New subdivision
street §33.2-705

0.46m East of
Manakin Towne
Ferry Road (RT
635)

Buhrstone Court
(RT 1449)

0.06

2

Cabinet J
PG 48-50

50

Addition

Rt. 1400 - Watkins
Mill Road

New subdivision
street §33.2-705

Tailrace Court (RT
1450)

End of State
Maintenance

0.21

2

Cabinet J
PG 48-50

50

Addition

Rt. 1400 - Watkins
Mill Road

New subdivision
street §33.2-705

Buhrstone Court
(RT 1449)

Tailrace Court (RT
1450)

0.29

2

Cabinet J
PG 48-50

50

36

LENGTH NUMBER OF RECORDAT
LANES
ION
REFERENC
E

ROW
WIDTH

Powhatan County
Board of Supervisors
Agenda Item
Meeting Date:

May 18, 2026

Agenda Item Title:

Donation of Fire-Rescue 2000 Chevrolet Suburban

Motion:

Move that the Powhatan County Board of Supervisors approve the donation of a 2000
Chevrolet Suburban, previously utilized by Fire-Rescue to the Powhatan Emergency
Support non-profit. The non-profit intends to use the vehicle to provide support to all
Powhatan First Responder agencies, to include Fire, Rescue, and Sheriff.

Dates Previously
Considered by Board:

N/A

Summary of Item:

The Powhatan Emergency Support non-profit was formed earlier this year with the
intent to provide support services to all first responders in Powhatan County. This
Chevrolet Suburban has reached its end of useful life with the County and is
considered surplus. By donating this item to Powhatan Emergency Support, we will
significantly enhance their ability to respond efficiently and effectively during
emergencies while continuing to support the health, safety and well-being of the men
and women serving Powhatan County. Specifically, this vehicle will be used to
transport and distribute essential supplies such as water, food, protein bars, and other
supportive resources to first responders in the field.

Comments:

None

Budget/Fiscal Impact:

None

Attachments:

Donation request letter

Staff/Contact:

Chief David Johnston- Fire-Rescue Chief
[email protected]

If Board members have questions, please call the staff / contact prior to the meeting.
37

Resolution designating a 2000 Chevrolet Suburban as County Surplus and donating the
vehicle to Powhatan Emergency Support
WHEREAS, the 2000 Chevrolet Suburban, VIN #3GNGK26U31G210501 has reached the end
of its useful life as a Fire-Rescue vehicle.
WHEREAS, Powhatan County no longer has a need for the vehicle and therefore it is
considered surplus.
WHEREAS, Powhatan Emergency Support could use the vehicle to make an immediate impact
on their ability to serve first responders in Powhatan County.
NOW, THEREFORE, BE IT RESOLVED by the Powhatan County Board of Supervisors that
the 2000 Chevrolet Suburban be designated and surplus and donated to the community nonprofit organization, Powhatan Emergency Support, in order to provide needed support services to
Powhatan County’s first responders.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY 18,
2026.

ATTEST:
William Hagy, Clerk
Powhatan County Board of Supervisors

William Donati Jr., Chair
Powhatan County Board of Supervisors

Recorded Vote:
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Barbara Brown

38

R-2026-32

May 12, 2026
Powhatan County Board of Supervisors
3834 Old Buckingham Road
Powhatan, VA 23139
Dear Members of the Board,
On behalf of Powhatan Emergency Support, I would like to express our sincere interest in
receiving the donation of the 2000 Chevy Suburban, VIN #3GNGK26U31G210501.
This vehicle would serve an important role in supporting first responders during major countywide emergency events. Our volunteers provide rehabilitation support services to emergency
personnel working extended incidents and disaster response operations. Specifically, the
vehicle would be used to transport and distribute essential supplies such as water, food,
protein bars, and other supportive resources to first responders in the field.
The addition of this vehicle would significantly enhance our ability to respond efficiently and
effectively during emergencies while continuing to support the health, safety, and well-being
of the men and women serving Powhatan County.
We appreciate your consideration of this request and your continued support of emergency
services and volunteer organizations within the community. Please feel free to contact me if
any additional information is needed.
Sincerely,

Powhatan Emergency Support
39

Powhatan County
Board of Supervisors
Agenda Item
Meeting Date: May 18,2026
__________________________________________________________________________________________
Agenda Item Title:

Motorola FLEX Computer-Aided Dispatch Maintenance Contract

Motion:

Move to approve the Resolution authorizing execution of the Motorola FLEX ComputerAided Dispatch (CAD) Subscription and Maintenance Contract for Powhatan County
Public Safety Communications.

Dates Previously Considered by Board:

Summary of Item:

N/A

The proposed Motorola FLEX CAD Subscription Suite replaces the County’s current
annual maintenance agreement with Motorola’s new subscription-based support model.
This contract will continue providing system maintenance, software updates, and
technical support for the County’s existing CAD and Records Management System
(RMS), which have been in use since 2018.
The new subscription model also adds cloud-based backup capability, improving system
resiliency and helping ensure continuity of 911 operations in the event of a system
interruption or failure.
__X___

Staff:

Commission/Board:

Comments:

Approve

____ Disapprove

_____ See Comments

N/A

Powhatan County currently operates on the Motorola FLEX CAD and RMS platform and
has maintained the system through Motorola’s annual maintenance program since
implementation in 2018. Motorola is discontinuing this maintenance model in July 2026
and transitioning all customers to a subscription-based model, requiring the County to
update its contract.
If Board members have questions, please call the staff / contact prior to the meeting.
40

The only alternative would be to replace the County’s CAD system with a different
vendor, which Motorola estimates would exceed $1 million in cost and require
approximately one year to implement. Replacement would also involve significant staff
time, retraining, data migration, operational risk, and potential disruption to emergency
response services.
The proposed five-year subscription contract costs approximately $14,000 more than the
County’s current maintenance model over the full contract term. Given the added cloud
backup capability, increased system redundancy, improved functionality, and long-term
operational stability, staff believe the subscription model is in the County’s best interest.
Budget/Fiscal Impact: Additional $14,000 over the full contract term of 5 years.
Attachments:

See attached Motorola FLEX CAD Subscription and Maintenance Contract

Staff Contact:

Tom P. Nolan, Director of Public Safety Communications
Public Safety Communications
p: 804-598-5830 x 2801

If Board members have questions, please call the staff / contact prior to the meeting.
41

RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR
TO EXECUTE A CONTRACT WITH MOTOROLA FOR FLEX CAD
(COMPUTER AIDED DISPATCH)
WHEREAS, the County has identified the need for an updated subscription and
maintenance contract with Motorola FLEX CAD (Computer Aided Dispatch) to ensure continued
support of this mission-critical 911 system, maintain interoperability with existing public safety
infrastructure, improve system resiliency through cloud backup capability, and protect the
continuity of emergency response operations for Powhatan County Public Safety responders and
citizens; and
and

WHEREAS, the County wishes to engage Motorola to continue to provide these services;
WHEREAS, Motorola has developed a proposal; and
WHEREAS, the additional cost of the proposal is $14,000 over a five year contract.

NOW, THEREFORE, BE IT RESOLVED by the Powhatan County Board of
Supervisors that the County Administrator is authorized to execute a contract, in a form approved
by the County Attorney, with Motorola in the amount of $265,000 over the course of 5
years for Motorola FLEX CAD subscription and maintenance contract, and to take all actions
necessary to carry out the terms of the contract.
ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON MAY
18, 2026.

ATTEST:
William Donati Jr., Chair
Powhatan County Board of Supervisors

William Hagy, Clerk
Powhatan County Board of Supervisors
Recorded Vote:
William Donati, Jr.
Steve W. McClung
Robert Powers
Mark Kinney
Barbara Brown

42

R-2026-33

Flex Plus Subscription
Renata Plecha

+1 (202) 860-6235

[email protected]

The design, technical, and price information furnished with this proposal is proprietary information of Motorola Solutions, Inc. (Motorola). Such
information is submitted with the restriction that it is to be used only for the evaluation of the proposal, and is not to be disclosed publicly or in any
manner to anyone other than those required to evaluate the proposal, without the express written permission of Motorola Solutions, Inc. MOTOROLA,
MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are
used under license. All other trademarks are the property of their respective owners. © 2023 Motorola Solutions, Inc. All rights reserved.

Powhatan County, VA Emergency Communications

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Motorola Solutions Flex Software

Table of Contents
Table of Contents​
New Functionality​
System Description​
Solution Summary​
Flex Statement of Work​
Introduction​
Award, Administration, and Project Initiation​
Flex Mobile Provisioning​
​
CommandCentral Enablement​
Agency and User Setup​
CloudConnect Installation and Configuration​
CommandCentral Workstation Configuration​
CommandCentral Provisioning​
Rave Enablement​
Interfaces and Integration​
Interface Deployment​
Integration Activities​
​
Motorola Learning eXperience Portal (Online Training)​
Transition to Support​
Transition to Support ​
Pricing Summary​
Flex Subscription Pricing​
Existing Product Breakdown​
Flex Plus - Subscription Offer Comparison​
Customer Contact​
Contractual Documentation​

Use or disclosure of this proposal is subject to the restrictions on the cover page.
Motorola Solutions
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2
4

5
5
5
6
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8
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14
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Motorola Solutions Flex Software

Motorola Solutions, Inc.
500 W Monroe Street, Ste 4400
Chicago, IL 60661-3781
USA

​

​

​

April 14, 2026
Powhatan County, VA Emergency Communications
RE: Flex Subscription Suite
Dear Mr. Nolan,

Motorola Solutions, Inc. (Motorola) appreciates the opportunity to provide Powhatan County, VA
Emergency Communications with quality systems and software solutions. Motorola’s project team has
taken great care to propose a solution to address your needs and provide exceptional value.
Motorola’s proposal is conditional upon Agency’s acceptance of the terms and conditions of the Motorola
Solutions Customer Agreement (the “MCA”), its Exhibits and applicable Addenda, or a negotiated version
thereof. Pricing will remain valid until May 31, 2026. Powhatan County, VA Emergency Communications
may accept the proposal by providing to Motorola a signed copy of the MCA.
Any questions the County has regarding this proposal can be directed to Renata Plecha, via phone at
202-860-6235 or email at [email protected].
Our goal is to provide Powhatan County, VA Emergency Communications with the best products and
services available in the public safety industry. We thank you for the opportunity to present our proposed
solution, and we hope to strengthen our relationship by implementing this project.
Sincerely,

Heather Tinney​
Area Sales Manager / Mid Atlantic Software Sales
MOTOROLA SOLUTIONS, INC.

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

New Functionality
System Description
Solution Summary
Motorola Solutions is pleased to present the following Solution for Powhatan County, VA
Emergency Communications (hereinafter referred to as the “County”). Our solution is based on
our interpretation of the requirements derived from our discussions with you.
NEW FUNCTIONALITY OR SERVICES:
1 Summit Registration (5 Years)
CAD Web Client
CC Responder
Internal Agency Alerting
Collaborate
Link
Private Premise Info
Assist Map
Multi Agency Data Search
EDR Cybersecurity

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Flex Statement of Work
Introduction
The System includes Equipment, pre-installed licensed software, Subscription Software (as
outlined in the Solution Description), Installation Services, and Maintenance Services. This
Statement of Work (SOW) sets forth the installation of the system and later sections address the
maintenance of the system.
In accordance with the terms and conditions of the Agreement, this SOW defines the principal
activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc.
(Motorola) system as presented in this offer to Powhatan County, VA Emergency
Communications (hereinafter referred to as County). When assigning responsibilities, the
phrase “Motorola” includes our subcontractors and third-party partners.
Deviations and changes to this SOW are subject to mutual agreement between Motorola and
the County and will be addressed in accordance with the change provisions of the Agreement.
Unless specifically stated, Motorola work will be performed remotely. The County will provide
Motorola resources with appropriate system access to enable Motorola to fulfill its delivery
obligations.
Motorola and the County will work to complete their respective responsibilities in accordance
with the mutually agreed upon Project Schedule. Any changes to the Project Schedule will be
mutually agreed upon via the change provision of the Agreement.
The number and type of software or subscription licenses, products, or services provided by
Motorola or its subcontractors are specifically listed in the Agreement and any reference within
this document as well as subcontractors’ SOWs (if applicable) does not imply or convey a
software or subscription license or service that are not explicitly listed in the Agreement.

Award, Administration, and Project Initiation
Project Initiation and Planning will begin following execution of the Agreement between Motorola
and the County.
Following the conclusion of the Project Planning Session, the Motorola Project Manager will
conduct twice monthly one-hour remote status meetings with the County Project Manager for
the purpose of baselining progress of current activities and the planning of future activities.
Following the conclusion of the Contract Design Review, the Motorola Project Manager will
prepare and submit monthly status reports to the County Project Manager. Monthly Status
Reports provide a summary of the activities completed in the month, those activities planned for

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

the following month, project progress against the project schedule, items of concern requiring
attention, as well as potential project risks and agreed upon mitigation actions.
Motorola utilizes Google Meet as its teleconference tool. If County desires a different
teleconference tool, it may provide a mutually agreeable alternate tool at County expense.

Flex Mobile Provisioning
Provisioning includes the setting of configurable parameters which control application behavior.
The Flex Mobile system will be provisioned using Motorola standard provisioning parameters
and will incorporate County-specific provisioning.
Provisioning activities include instruction of the mechanics and methodologies required to
complete system provisioning and provides the County with knowledge needed to update and
maintain the provisionable items as the County’s operational needs change.

CommandCentral Enablement
The County’s cloud based features and functionality, as listed in the Cloud Hybrid Functionality
Section of the System Description included herein, will be enabled and connected to the
ancillary systems as defined in the Project Schedule. As new features and functionality are
added to these base applications they will become available to the County during deployment
and for the term of the subscription.
The County will work with Motorola on the setup and configuration of the County’s firewall in
order to allow traffic from CommandCentral.

Agency and User Setup
The County’s agencies and CommandCentral users must be provisioned within the
CommandCentral cloud platform using the CommandCentral Admin Console. The provisioning
process allows the agencies to define the specific capabilities and permissions of each user.

Motorola Responsibilities
●​ Use the CommandCentral Admin tool to establish the County and County’s agencies
within the CommandCentral cloud platform. This activity is completed during the order
process.
●​ Provision agency’s CommandCentral initial users and permissions.

County Responsibilities
●​ Identify a System Administrator(s).
●​ Ensure all System Administrators complete the LXP CommandCentral Admin training.
●​ Use the CommandCentral Admin Console to set up CommandCentral administration and
user passwords, and provision agency’s CommandCentral users and permissions.

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Motorola Deliverable
●​ Initial agencies and users have been configured.

CloudConnect Installation and Configuration
County’s agencies and CommandCentral users must be provisioned within the
CommandCentral cloud platform using the CommandCentral Admin Console. The provisioning
process allows the agencies to define the specific capabilities and permissions of each
user. Remotely complete the installation of CommandCentral Connector to include networking,
firewall and load-balancer configurations.

Motorola Responsibilities
●​ Create CommandCentral Agencies
-​ Production Agency – Use the County’s existing agency if available or create a new
Agency if needed.
-​ Non-Production Agency – New CommandCentral Agency for the non-production
CommandCentral Connector to facilitate software evaluation and training.
●​ Remotely install CommandCentral Connector on the follow Flex environments:
-​ Primary - Production
-​ Disaster Recovery – Production
-​ Hosting Site – Non-Production (Training or Staging)
●​ Verify network connectivity and test connection between Flex and CommandCentral.

County Responsibilities
●​ Provide a network path from the Flex firewall to the internet.
-​ Open the firewall ports or FQDNs specified by Motorola to facilitate connectivity
between CommandCentral Connector and the Cloud Services.
-​ Provide an external internet connection to a Network Time Protocol (NTP) source of
NIST or Google.
-​ Provide an internet connection with capacity to support the operation of all Motorola
hybrid solutions used on the system.
●​ Participate in Cloud Agency configuration and testing.

Motorola Deliverable
●​ CloudConnect Virtual Machine configuration is complete.

CommandCentral Workstation Configuration
Motorola Responsibilities
●​ Verify remote access to workstation(s).
●​ Request IP address to target workstation(s).
●​ Configure contracted CommandCentral workstation(s).

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

County Responsibilities
●​ Provide a dedicated delivery point for receiving, inventory, and storage of equipment.
●​ Receive and inventory contracted equipment (reference equipment list).
●​ Perform physical installation of the CommandCentral Solution workstations. Connect to
power and network. Assign IP addresses for the network.
●​ Give assigned IP addresses of target workstation(s) to Motorola.
●​ Provide remote access to the CommandCentral Solution workstation(s).

CommandCentral Provisioning
Motorola will discuss industry best practices, current operations environment, and subsystem
integration in order to determine the optimal configuration for CommandCentral Solution.

Motorola Responsibilities
●​ Using the CommandCentral Admin Console, provision users, groups, and rules based
on County Active Directory data.

County Responsibilities
●​ Supply the access and credentials to the County’s Active Directory for the purpose of
Motorola conducting CommandCentral Solution provisioning.
●​ Respond to Motorola inquiries regarding users/groups/agency mapping to
CommandCentral Solution functionality.

Rave Enablement
The Rave component of this solution is made up of four (4) different Rave applications: Rave
Alert, Rave Collaborate, Rave Link, and Smart911.
●​ Rave Alert is a cloud-based mass notification platform that enables the County to send
critical information and alerts to employees and the public via text, voice calls, and email.
●​ Rave Link is a comprehensive event management platform that enables streamlined
communication and coordination for 9-1-1 agencies, particularly during high-pressure
incidents and emergencies.
●​ Rave Collaborate is a secure and interoperable situational awareness solution that
enables enhanced 9-1-1 response by sharing data and automating workflows between
dispatchers, first responders, and emergency personnel.
●​ Smart911 is a secure and interoperable situational awareness solution that enables
enhanced 9-1-1 response by sharing data and automating workflows between
dispatchers, first responders, and emergency personnel.

Motorola Responsibilities
●​ Configure Rave Alert, with the County, to meet agency specific alerts and protocols.

●​ Configure workflows and protocols with the County in Rave Collaborate.
●​ Integrate Rave Link with the County’s current CAD system.
-​ Integration of Rave Link with Flex will occur during deployment, as defined in the
mutually agreed upon Project Schedule.

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

●​ Implementation and configuration of Smart 911 with the County’s 9-1-1 system.

County Responsibilities
●​ Provide requested access to systems, data, and personnel to assist in Motorola’s
enablement of Rave applications.
●​ Participate with Motorola in configuration of Rave alerts, protocols, and workflows to
enable knowledge transfer of Rave solution management.

Interfaces and Integration
The installation, configuration, and demonstration of interfaces may be an iterative series of
activities depending upon access to third-party systems. Interfaces will be installed and
configured as reviewed during the Project Kickoff. Integrated functionality between Motorola
developed products will be completed through the software installation and provisioning
activities described herein. Integration activities that have specific requirements will be
completed as outlined in this SOW.

Interface Deployment
Connectivity will be established between the Motorola system and the external and/or third-party
systems to which the contracted software will interface. Motorola will configure the system to
support each contracted interface. The County is responsible for engaging third-party vendors if
and as required to facilitate connectivity and testing of the interfaces.

Motorola Responsibilities
●​ Establish connectivity to external and third-party systems.
●​ Configure interfaces to support the functionality described in the System Description and
reviewed during the Interface Planning Session.
●​ Validate each interface can transmit and/or receive data in accordance with the System
Description.

County Responsibilities
●​ Act as liaison between Motorola and third-party vendors or systems as required to
establish interface connectivity with the Motorola system.
●​ Provide personnel proficient with and authorized to make changes to the network and
third-party systems to support Motorola’s interface installation efforts.
●​ Provide network connectivity between Flex and the third-party systems.

Motorola Deliverables
●​ Contracted Interfaces.

Integration Activities
Proprietary processes enable the transfer and receipt of data between Motorola systems.

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Motorola Responsibilities
●​ Establish and validate connectivity between the Motorola systems.
●​ Validate each system can transmit and/or receive data.
●​ Enable the Data Exchange API (DEX) and on-board County’s 3rd party vendor via the
partner program, if/as contracted.

County Responsibilities
●​ Provide personnel proficient with and authorized to make changes to the network and
third-party systems to support Motorola’s integration efforts.
●​ Provide network connectivity between the Motorola systems.
●​ Work with the County's third-party vendor to sign up for the partner program.
Participation in the Partner program is not included in this offer and is a post contract
purchase. If purchased, Motorola will provide the instructions to sign up, post, contract if
purchased.
●​ Cover any license fees access to the DEX API or participation in the Advanced Partner
Program not included in the contract.

Motorola Learning eXperience Portal (Online Training)
Training is made available to the County, in part, via Motorola’s Software Enterprise Learning
eXperience Portal (LXP). This subscription service provides customers with continual access to
Motorola’s library of online learning content and allows your users the benefit of learning at
times convenient to them. Content is added and updated on a regular basis to keep information
current. Courses delivered or supplemented by LXP content are described in the training plan.

Motorola Responsibilities
●​ Configure a County-specific portal view.
●​ Create a learner path access account to the portal for each user name provided by the
County.
●​ Provide instruction to the County LXP Administrator on building groups.

County Responsibilities
●​
●​
●​
●​

Provide Motorola with names (first and last) and emails of County LXP administrators.
Complete LXP Administrator training.
Advise users of the availability of the LXP.
Build groups as desired.

●​ Virtual – Virtual instructor-led training (class will be recorded and made available for
future County use).

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Transition to Support
Transition to Support
Following the completion of training, Motorola and the County will schedule a mutually
agreeable time to transition the County to Motorola’s Support organization. The transition to the
Motorola’s Support organization completes the implementation activities.

Motorola Solutions Responsibilities
●​ Provide the County with Motorola’s Support engagement process and contact
information.
●​ Gather contact information for the County users authorized to engage Motorola Support.
●​ Schedule and facilitate the handover call between the County and Motorola Support
organization.

Pricing Summary
Motorola is pleased to provide the following equipment and services to Powhatan County, VA.
Motorola pricing is based on a complete system solution. The addition or deletion of any
component(s) may subject the total system price to modifications. This pricing is valid until
May 31, 2026.

Flex Subscription Pricing
Proposed contract term dates: June 1, 2026 - May 31, 2031

Payment Milestones

Year 1
(2026)

Year 3
(2028)

Year 4
(2029)

Year 5
(2030)

TOTAL

Flex & Cloud-Hybrid
Subscription Software Fees:

$50,000 $53,750 $53,750

$53,750

$53,750

$265,000

$1,200

$1,450

$1,600

$1,800

$7,350

TOTAL PRICE $51,200 $55,050 $55,200

$55,350

$55,550

$272,350

MSI Summit Pass (does not
include travel or lodging)

Year 2
(2027)

$1,300

DISCOUNT

($7,350)

TOTAL PRICE with
Discount

$265,000

MSI Summit
Registration Pass (x1)

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Customer will make payments to Motorola within thirty (30) days after the date of each invoice.
Customer will make payments when due in the form of a check, cashier’s check, or wire transfer
drawn on a U.S. financial institution. Motorola reserves the right to make partial shipments of
equipment and invoice for partial shipment. Overdue invoices will bear simple interest at the
maximum allowable rate.
The initial payment for year 1 will be billed upon the contract effective date. For each
subsequent year of service, Motorola will invoice Customer annually in advance of each year of
the plan.
Due to significant market and tariff volatility, as well as fluctuations in the cost of energy and raw
materials including, but not limited to, steel, copper, finished wood, and concrete, Motorola
Solutions reserves the right to equitably adjust the contract price, completion schedule, and/or
contract requirements. Additionally, Motorola Solutions reserves the right to apply a fuel
surcharge to quoted freight rates based on the prevailing diesel cost at the time of shipment
For multi-year agreements, at the end of the first year of the Agreement and each year
thereafter, a CPI percentage change calculation shall be performed using the U.S. Department
of Labor, Consumer Price Index, “All Items,” Unadjusted Urban Areas (CPI-U). Should the
annual inflation rate increase greater than 3% during the previous year, Motorola shall have the
right to increase all future maintenance prices by the CPI increase amount exceeding 3%. “All
Items,” not seasonally adjusted shall be used as the measure of CPI for this price adjustment.
The adjustment calculation will be based upon the CPI for the most recent twelve (12) month
increment beginning from the most current month available as posted by the U.S. Department of
Labor (http://www.bls.gov) immediately preceding the new maintenance year. For purposes of
illustration, if in Year 5 the CPI reported an increase of 8%, Motorola may increase the Year 6
price by 5% (8%-3% base).

Existing Product Breakdown
FLEX ASAP2PSAP MAINTENANCE - STANDARD
VIRGINIA TREDS ACCIDENT INTERFACE - STANDARD
FLEX MOBILE RECORDS MAINTENANCE - STANDARD
FLEX NIBRS MAINTENANCE - STANDARD
FLEX STATELINK MAINTENANCE - STANDARD
FLEX CAD MAPPING MAINTENANCE - STANDARD
DATA WAREHOUSE INTERFACE - LINX MAINTENANCE - STANDARD
FLEX DRIVER LICENSE SCANNING MAINTENANCE - STANDARD

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

E9-1-1 INTERFACE MAINTENANCE - STANDARD
FLEX EQUIPMENT MAINTENANCE MAINTENANCE - STANDARD
FLEX EVIDENCE BARCODE AND AUDITING MAINTENANCE - STANDARD
FLEX EVIDENCE MANAGEMENT MAINTENANCE - STANDARD
FLEX CAD MAINTENANCE (ENHANCED) - STANDARD
FLEX IMAGING MAINTENANCE - STANDARD
FLEX INSIGHT MAINTENANCE - STANDARD
FLEX LICENSES AND PERMITS MAINTENANCE - STANDARD
FLEX MOBILE ARREST FORM MAINTENANCE - STANDARD
FLEX MOBILE FIELD REPORT WITH FIELD INTERVIEW MAINTENANCE STANDARD
FLEX MOBILE PREMISES AND HAZMAT MAINTENANCE - STANDARD
FLEX MOBILE STATE & NATIONAL QUERIES MAINTENANCE - STANDARD
FLEX MOBILE VOICELESS CAD MAINTENANCE - STANDARD
FLEX OFFENDER TRACKING MAINTENANCE - STANDARD
FLEX PERSONNEL MANAGEMENT MAINTENANCE - STANDARD
FLEX HUB MAINTENANCE (ENHANCED) - STANDARD
FLEX PIN MAPPING MAINTENANCE - STANDARD
FLEX PREMISES AND HAZMAT INFORMATION MAINTENANCE - STANDARD
FLEX QUICKEST ROUTE MAINTENANCE - STANDARD
FLEX RAPID NOTIFICATION 2.0 MAINTENANCE - STANDARD
FLEX RESPONSE PLANS MAINTENANCE - STANDARD
FLEX SENTRYX GIS (GEOBASE) MAINTENANCE - STANDARD
FLEX/INTRADO TEXT TO 9-1-1 INTERFACE MAINTENANCE - STANDARD
FLEX TRAFFIC INFORMATION MAINTENANCE - STANDARD
ZETRON 25 FIRE STATION ALERTING INTERFACE - STANDARD
FLEX CIVIL PROCESS MAINTENANCE - STANDARD
FLEX COMPSTAT MANAGEMENT DASHBOARD THIRD PARTY MAINTENANCE STANDARD
FLEX TOUCH MAINTENANCE - STANDARD
FLEX LAW RECORDS MAINTENANCE - STANDARD
FLEX MOBILE AVL AND MAPPING MAINTENANCE - STANDARD
INTELLICOM INTERFACE MAINTENANCE - STANDARD

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Flex Plus - Subscription Offer Comparison
Comparison Matrix

Existing

Plus

Flex Hub

X

X

CAD

X

X

StateLink

X

X

Imaging

X

X

Rapid Notification 2.0

X

X

Add On

CAD Functionality

Data Replication

X

CAD Mapping

X

X

Esri ArcGIS licenses

X

Alarm Tracking and Billing

X

Premises and Hazmat Information

X

Motorola ASTRO Radio Location integration

X
X

Response Plans

X

X

Quickest Route

X

X

X

Esri ArcGIS high-availability CAD mapping environments

X

CAD Management Dashboard

X

CompStat Management Dashboard

X

X

Records Management Functionality
Law Records

X

X

IBR

X

X

Arrest

X

X

Evidence Barcode and Auditing

X

X

Evidence Management

X

X

Offender Tracking

X

X

Personnel Management

X

X

Traffic Information

X

X

Pin Mapping

X

X
X

Demographic Summary
X

Civil Process

X

Fleet Maintenance

X

Inventory Management

X

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Comparison Matrix
Licenses and Permits

Existing

Plus

X

X

Pawned Property

X

Vehicle Impound

X

Equipment Maintenance

X

Add On

X
X

Clery Reporting
Mobile CAD Functionality
Mobile Voiceless CAD

X

X

Mobile AVL and Mapping

X

X

X

Mobile Premises and Hazmat

X

X

X

Flex Touch

X

X

Mobile Records

X

X

Driver's License Scanning

X

X

Mobile RMS Functionality

X

Return Sharing
Mobile Arrest form

X

X

Mobile Field Report With Field Interview

X

X
X

Mobile Warning form
Cloud Hybrid Functionality
Internal text, email, and voice alerting for PSAP communication

X

CAD inter-agency data sharing

X

Proximity alerting based on event and location

X

Automated intelligent workflows for incident and task management

X

Private premises information access

X

Map and event monitor of 9-1-1 calls, CAD incidents and panic button
alerts

X

Additional 9-1-1 data through RapidSOS

X

Additional map location or device package integrations including: radios,
body cameras, in-car video, drones, smartphone apps, LPR, cameras and
AVL-equipped vehicles

X

Managed Services
Software maintenance

X

Remote technical support

X

24/7 network monitoring with SOC support to find and respond to threats

X

24/7 SOC identification and prevention of cyber threats on CAD endpoints

X

GIS Managed Services

X

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Motorola Solutions Flex Software

Comparison Matrix

Existing

Plus

Add On

Remote SAA-as-a-Service through Reliable Administration

X

Server replacement and support through Solutions II

X

This list is not exhaustive. Flex has dozens of third-party interfaces, as well as state-specific forms and modules, all
available as an add on to your Flex subscription. Check with your Motorola Solutions sales representative for a
comprehensive list of functionality, supported integration types and specific compatible vendors.

Customer Contact
INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the
following address:
Name:
Address:
Phone:
Email:

The address which is the ultimate destination where the Equipment will be delivered to
Customer is:
Name:
Address:

Use or disclosure of this proposal is subject to the restrictions on the cover page.
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Contractual Documentation
Motorola Solutions Customer Agreement
This Motorola Solutions Customer Agreement (the “MCA”) is entered into between Motorola Solutions, Inc.,
and affiliated companies, with offices at 500 W. Monroe Street, Suite 4400, Chicago, IL 60661 (“Motorola”)
and the entity purchasing Products (as defined below) from Motorola (“Customer”). Motorola and Customer
will each be referred to herein as a “Party” and collectively as the “Parties”. This Agreement (as defined
below) is effective as of the earlier of (a) the first purchase of a Product from Motorola, and (b) the date of the
last signature on the Agreement (the “Effective Date”).
1.

Agreement.

1.1. ​
Scope; Agreement Documents. This MCA governs Customer’s purchase of Products (as defined
below) from Motorola. Additional terms and conditions applicable to specific Products are set forth in one
or more agreed upon addenda incorporated within this MCA (each an “Addendum”, and collectively the
“Addenda”). This MCA, the applicable Addenda, and Proposal collectively form the Parties’ “Agreement”.
1.2. Order of Precedence. In interpreting this Agreement and resolving any ambiguities each Addendum
will control with respect to conflicting terms in the Agreement, but only as applicable to the Products
described in such Addendum. The Proposal will control with respect to conflicting terms in the MCA or any
Addenda, but only as applicable to the Products and Services described in the Proposal.
2.

Definitions.

“Authorized Users” means Customer’s employees and contractors engaged for the purpose of supporting or
using the Products and Services on behalf of Customer, and that are not competitors of Motorola, and the
entities (if any) specified in a Proposal or otherwise approved by Motorola in writing (email from an authorized
Motorola signatory accepted), which may include affiliates or other Customer agencies.
“Change Order” means a written amendment to this Agreement after the Effective Date.
“Communications System” is a solution that includes at least one radio Product, whether devices, software,
or infrastructure, and requires Integration Services to deploy such radio Product at a Customer Site or onto
any Customer-Provided Equipment or Equipment provided to Customer.

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“Contract Price” or “Fees” means the charges applicable to the Products, excluding applicable sales or
similar taxes and freight charges.
“Confidential Information” means any and all non-public information provided by one Party to the other that
is disclosed under this Agreement in oral, written, graphic, machine recognizable, or sample form, being
clearly designated, labeled or marked as confidential or its equivalent or that a reasonable business person
would consider non-public and confidential by its nature. With respect to Motorola, Confidential Information
will also include Products, and Documentation, as well as any other information relating to the Products.
“Customer Data” has the meaning given to it in the DPA.
“Customer-Provided Equipment” means components, including equipment and software, not provided by
Motorola which may be used with the Products.
“Data Processing Addendum” or “DPA” means the Motorola Data Processing Addendum applicable to
processing of data, including Customer Data, as updated, supplemented, or superseded from time to time.
The DPA is incorporated into and made a part of this Agreement for all purposes pertaining to the contents of
the DPA. Where terms or provisions in the Agreement conflict with terms or provisions of the DPA, the terms or
provisions of the DPA will control with respect to the contents of the DPA.
“Delivery” means the applicable delivery for a Product as described in Section 5.7 of this Agreement.
“Documentation” means the documentation for the Products, or data, that is delivered or made available with
the Products that specifies technical and performance features, capabilities, users, or operation, including
training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics,
or other information.
“Equipment” means hardware provided by Motorola.
“Equipment Lease-Purchase Agreement” means the agreement by which Customer finances all or a
portion of the Contract Price.
“Feedback” means comments or information, in oral or written form, given to Motorola by Customer or
Authorized Users, including end users, in connection with or relating to the Products.
“Integration Services” means the design, deployment, implementation, and integration Services provided by
Motorola in order to design, install, set up, configure, and/or integrate the applicable Products as agreed upon
by the Parties.
“Licensed Software” means software which is made available to Customer by Motorola (for example
software preinstalled on Equipment, accessible via a website provided by Motorola, or software installed on or
made available for Customer-Provided Equipment) and is licensed to Customer by Motorola.
“Lifecycle Management Services” or “LMS” means upgrade services as set out in the applicable Proposal.
“Maintenance and Support Services” means the break/fix maintenance, technical support, or other Services
described in the applicable Proposal.
“Motorola Data” means data owned by Motorola and made available to Customer in connection with the
Products;
“Motorola Materials” means proprietary equipment, hardware, content, software, tools, data, and other
materials, including designs, utilities, models, methodologies, systems, and specifications, which Motorola has
developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates,
modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing,

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whether made by Motorola or another party). Products, Motorola Data, Third-Party Data (as defined in the
DPA), and Documentation, are considered Motorola Materials.
“Non-Motorola Materials” means collectively, Customer or third-party equipment, software, services,
hardware, content, and data that is not provided by Motorola.
“Proposal” means solution descriptions, pricing, equipment lists, statements of work (“SOW”), schedules,
technical specifications, quotes, order forms, and other documents setting forth the Products to be purchased
by Customer and provided by Motorola. The Proposal may also include an Acceptance Test Plan (“ATP”); a
“Payment” Form (Communications System purchase only); or a “System Acceptance Certificate”
(Communications System only), depending on the Products purchased by Customer.
“Products” or “Product” is how the Equipment, Licensed Software and Services being purchased by the
Customer is collectively referred to in this Agreement (collectively as “Products”, or individually as a “Product”).
“Professional Services” are services provided by Motorola to Customer under this Agreement, including
Integration Services, the nature and scope of which are more fully described in the Proposal.
“Prohibited Jurisdiction” means any jurisdiction in which the provision of such Products is prohibited under
applicable laws or regulations.
“Services” means services, including access to services, as described in the Proposal, and includes
Integration Services, Subscription Services, Professional Services, Maintenance & Support Services, and
Lifecycle Management Services provided by Motorola.
“Service Completion Date” means the date of Motorola’s completion of the Services described in a
Proposal.
“Service Use Data” has the meaning given to it in the DPA.
“Site” or “Sites” means the location where the Integration Services, Lifecycle Management Services, or
Maintenance and Support Services will take place.
“Software-as-a-Service” or “SaaS” means a solution that includes at least one Subscription Service and
associated Licensed Software, which may include, as an example, client software or a web page.
“Software System” means a solution that includes at least one Licensed Software Product and requires
Integration Services to deploy such Licensed Software Product at a Customer Site or onto any
Customer-Provided Equipment or Equipment provided by or made available to Customer by Motorola.
“Subscription” means a recurring payment for Products, as set out in the Proposal.
“Subscription Services” or “Recurring Services” means Services, including access to Services, paid for on
a subscription basis. Subscription Services includes services available through SaaS Products.
“Term” means the term of this MCA which will commence on the Effective Date and continue until six (6)
months after the later of (a) the termination, expiration, or discontinuance of Services under the last Proposal
in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set
forth herein.
3.

Products and Services.

3.1. Products. Motorola will sell (a) Equipment, (b) licenses to Licensed Software, and (c) Services to
Customer, to the extent each is set forth in this Agreement. At any time during the Term, Motorola may
substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set

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forth in this Agreement. All Licensed Software is provided pursuant to the terms of the Software License
Agreement.
3.2. Services.
3.2.1.

Motorola will provide Services, to the extent set forth in this Agreement.

3.2.2.
Integration Services; Maintenance and Support Services. Motorola will provide (a) Integration
Services at the applicable Sites, agreed upon by the Parties, or (b) Maintenance and Support
Services or Lifecycle Management Services, each as further described in the applicable SOW. Terms
applicable to Maintenance, Support and Lifecycle Management can be found in the Maintenance,
Support and Lifecycle Management Addendum.
3.2.3.
Service Proposals. The Fees for Services will be set forth in Motorola’s Proposal. A Customer
point of contact may be set forth in the applicable SOW for the Services.
3.2.4.
Service Completion. Services described in a Proposal will be deemed complete upon the
Service Completion Date, or as Services expire, or are renewed or terminated.
3.2.5.

Professional Services

3.2.5.1.
Additional Service Terms. If Customer is purchasing Professional Services to evaluate or
assess networks, systems or operations; network security assessment or network monitoring;
software application development Services; or transport connectivity services, Additional Services
Terms apply.
3.3. Additional Product Terms. If the Products include one of the following Products or Product types,
additional terms apply as found in the below links:
AI Terms
Comparison Manager
Data licensed from Motorola
Drone related Products
Mobile Video Products, such as LPR cameras, bodycams, or vehicle cameras, and related software
3.4.
Non-Preclusion. If, in connection with the Products provided under this Agreement, Motorola
performs assessments of its own, or related, products or makes recommendations, including a
recommendation to purchase other products, nothing in this Agreement precludes such efforts nor
precludes Motorola from participating in a future competitive bidding process or otherwise offering or
selling the recommended products to Customer. Customer represents that this paragraph does not violate
its procurement standards or other laws, regulations, or policies.
3.5.
Customer Obligations. Customer represents that information Customer provides to Motorola in
connection with receipt of Products are accurate and complete in all material respects. If any assumptions
in the Proposals or information provided by Customer prove to be incorrect, or if Customer fails to perform
any of its obligations under this Agreement, Motorola’s ability to perform its obligations may be impacted
and changes to the Agreement, including the scope, Fees, and performance schedule may be required.
3.6.
Documentation. Products may be delivered with Documentation. Documentation is and will be
owned by Motorola, unless otherwise expressly stated in a Proposal that certain Documentation will be
owned by Customer. Motorola hereby grants Customer a limited, royalty-free, worldwide, non-exclusive
license to use the Documentation solely for its internal business purposes in connection with the Products.

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3.7.
Motorola Tools and Equipment. As part of delivering the Products, Motorola may provide certain
tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole
property of Motorola unless they are to be purchased by Customer as Products and are explicitly listed on
the Proposal. The tools and equipment may be held by Customer for Motorola’s use without charge and
may be removed from Customer’s premises by Motorola at any time without restriction. Customer will
safeguard all tools and equipment while in its custody or control, and be liable for any loss or damage.
Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to
Motorola all such tools and equipment in its possession or control.
3.8. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms
of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users.
Customer is responsible for the secure management of Authorized Users’ names, passwords and login
credentials for access to Products.
3.9. Export Control. Customer, its employees, and any other Authorized Users will not access or use the
Products in any Prohibited Jurisdiction, and Customer will not provide access to the Products to any
government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants
that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from
receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a
national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its
Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable
export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with
all applicable laws regarding the transmission of technical data exported from the U.S. and the country in
which Customer, its employees, and the Authorized Users are located.
3.10. Change Orders. Unless a different change control process is agreed upon in writing by the Parties,
a Party may request changes to an Addendum or a Proposal by submitting a Change Order to the other
Party. If a requested change causes an increase or decrease in the Products, the Parties by means of the
Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change
Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized
representative of both Parties.
4.

Term and Termination.

4.1.
Term. The applicable Addendum or Proposal will set forth the Term for the Products governed
thereby.
4.1.1.
Subscription Terms. Unless otherwise specified in the Proposal, if the Products are purchased
as a Subscription, the Subscription commences upon Delivery of, or Customer having access to, the
first applicable Product ordered under this Agreement and will continue for a twelve (12) month period
or such other period identified in a Proposal (the “Initial Subscription Period”) and, unless otherwise
stated in the Proposal, will automatically renew for additional twelve (12) month periods (each, a
“Renewal Subscription Year”), unless either Party notifies the other of its intent not to renew at least
thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription
Period and each Renewal Subscription Year will each be referred to herein as a “Subscription
Term”.) Motorola may increase Fees prior to any Renewal Subscription Year by notifying Customer of
the proposed increase no later than thirty (30) days prior to commencement of the Renewal
Subscription Year.
4.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Proposal if
the other Party breaches a material obligation under the Agreement and does not cure such breach within
thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of
time. Each Addendum and Proposal may be separately terminable as set forth therein.
4.3.
Termination for Non-Appropriation. In the event any identified funding is not appropriated or
becomes unavailable, the Customer reserves the right to terminate this Agreement for non-appropriation

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upon thirty (30) days’ advance written notice to Motorola. In the event of such termination, Motorola shall
be entitled to compensation for all conforming Products delivered or performed prior to the date of
termination.
4.4.
Suspension of Services. Motorola may promptly terminate or suspend any Products under a
Proposal if Motorola determines: (a) the related Product license has expired or has terminated for any
reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not
approved by Motorola; (c) Customer fails to make any payments when due; or (d) Customer fails to comply
with any of its other obligations or otherwise delays Motorola’s ability to perform.
4.5. Wind Down of Subscription. In addition to the termination rights in this Agreement, Motorola may
terminate any Subscription Term, in whole or in part, in the event Motorola plans to cease offering the
applicable Licensed Software or Subscription Services to customers.
4.6. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement,
an Addendum, or a Proposal, Customer and the Authorized Users will return or destroy (at Motorola’s
option) all Motorola Materials and Motorola’s Confidential Information in their possession or control and, as
applicable, provide proof of such destruction, except that Equipment purchased by Customer should not
be returned. If Customer has any outstanding payment obligations under this Agreement, Motorola may
accelerate and declare all such obligations of Customer immediately due and payable by Customer.
Notwithstanding the reason for termination or expiration, Customer agrees to pay Motorola for Products
already delivered or performed. Customer has a duty to mitigate any damages under this Agreement,
including in the event of default by Motorola and Customer’s termination of this Agreement.
4.7. Equipment. In the event that Customer purchases any Product at a price below the published list
price for such Product in connection with Customer entering into a fixed- or minimum required-term
agreement for Products, and Customer or Motorola terminates the Agreement prior to the expiration of
such fixed- or minimum required-term, then Motorola will have the right to invoice Customer for, and
Customer will pay, the amount of the discount to the published list price for the Product or such other
amount set forth in writing. This Section will not limit any other remedies Motorola may have with respect
to an early termination.
5.

Payment, Invoicing, Delivery and Risk of Loss

5.1.
The Contract Price of $265,000, excluding taxes, is fully committed and identified, including all
subsequent years of any contracted Services. The Customer will pay all invoices as received from
Motorola subject to the terms of this Agreement and any changes in scope will be subject to the change
order process as described in this Agreement.
Motorola acknowledges the Customer may require the issuance(s) of a purchase order or notice to
proceed as part of the Customer’s procurement process. However, Customer agrees that the issuance or
non-issuance of a purchase order or notice to proceed does not preclude the Customer from its
contractual obligations as defined in this Agreement.
5.2. Fees. Fees and charges applicable to the Products will be as set forth in the applicable Proposal.
Changes in the scope of Products described in a Proposal that require an adjustment to the Fees will be
set forth in the applicable pricing schedule. The Fees for any Products exclude expenses associated with
unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment),
tariffs, fluctuations in the costs of energy, raw materials, and fuel. Motorola reserves the right to equitably
adjust the Fees for these expenses upon written notice to Customer. Customer will reimburse Motorola for
expenses reasonably incurred by Motorola in connection with the Products. The annual Subscription Fee
for Products may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth
in a Proposal. Motorola may suspend Licensed Software and any Subscription Services if Customer fails
to make any payments within thirty (30) days of invoice due date when due.

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5.3.
Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes,
assessments, duties, or regulatory charges or contribution requirements (collectively, “Taxes”), all of which
will be paid by Customer, except as exempt by law, unless otherwise specified in a Proposal. If Motorola is
required to pay any Taxes, Customer will reimburse Motorola for such Taxes (including any interest and
penalties) within thirty (30) days after Customer’s receipt of an invoice therefore. Customer will be solely
responsible for reporting the Products for personal property tax purposes, and Motorola will be solely
responsible for reporting taxes on its income and net worth.
5.4. Invoicing. Motorola will invoice Customer as described in this Agreement and Customer will pay all
invoices within thirty (30) days of the invoice date or as otherwise specified in writing. In the event
Customer finances the purchase of the Motorola Products contemplated herein via Motorola Solutions
Credit Corporation (“MSCC”), invoices for such purchase will be paid via the disbursement of the financing
proceeds pursuant to the Equipment Lease - Purchase Agreement executed between the parties and the
payment schedule enclosed therein shall control payment of the related invoices. Late payments will be
subject to interest charges at the maximum rate permitted by law, commencing upon the due date.
Motorola may invoice electronically via email, and Customer agrees to receive invoices via email at the
email address set forth in Section 5.6. Customer acknowledges and agrees that a purchase order or other
notice to proceed is not required for payment for Products.
5.5. Payment. Customer will pay invoices for the Products provided under this Agreement in accordance
with the invoice payment terms set forth in Section 5.4. Generally, invoices are issued after shipment of
Equipment or upon Motorola’s Delivery of Licensed Software, Customer access to SaaS, or upon System
Completion Date of a Software System, as applicable, but if a specific invoicing or payment schedule is set
forth in the Agreement, such schedule will determine the invoicing cadence.
Motorola will have the right to suspend future Deliveries of Products if Customer fails to make any
payments when due.
5.6. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following
address:
Name:_______________________________________________________________________​
Address:_____________________________________________________________________​
Phone:______________________________________________________________________
E-INVOICE. To receive invoices via email:
Customer Account Number:______________________________________________________​
Customer Accounts Payable Email:________________________________________________ ​
Customer CC (optional) Email:____________________________________________________
The address which is the ultimate destination where the Equipment will be delivered to Customer is:
Name:______________________________________________________________________
Address:____________________________________________________________________
The Equipment will be shipped to the Customer at the following address (insert if this information is known):
Name:_______________________________________________________________________​
Address:_____________________________________________________________________​
Phone:______________________________________________________________________
Customer may change this information by giving written notice to Motorola.
5.7.
Delivery, Title and Risk of Loss. Motorola will provide to Customer the Products set forth in a
Proposal, in accordance with the terms of the Agreement. Motorola will, using commercially reasonable

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practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in
Section 5.6 or otherwise provided by Customer in writing, using a carrier selected by Motorola.
Notwithstanding the foregoing and unless otherwise stated in a Equipment Lease - Purchase Agreement,
Delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the
Equipment will pass to Customer, upon shipment by Motorola in accordance with ExWorks, Motorola’s
premises (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to
the shipment and import or export of the Products and Services, as applicable, and Customer will be
responsible for reporting the Products for personal property tax purposes.
Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur
upon the earlier of (a) electronic delivery of the Licensed Software by Motorola, or (b) the date Motorola
otherwise makes the Licensed Software available for download or use by Customer. If agreed upon in a
Proposal, Motorola will also provide Services related to such Products. Title to Licensed Software will not
pass to Customer at any time. Delivery of SaaS Products will occur when the Services are made available
to Customer.
5.8.
Delays. Any shipping dates set forth in a Proposal are approximate. While Motorola will make
reasonable efforts to ship Products by any such estimated shipping date, Motorola will not be liable for any
delay or related damages to Customer. Time for Delivery will not be of the essence, and delays will not
constitute grounds for cancellation, penalties, termination, or a refund.
5.9.
Future Regulatory Requirements. The Parties acknowledge and agree that certain Products (for
example, cyber services) are in evolving technological areas and therefore, laws and regulations regarding
Products may change. Changes to existing Products required to achieve regulatory compliance may be
available for an additional fee. Any required changes may also impact the price for Products.
5.10. Resale of Equipment. Equipment may contain embedded Licensed Software. If Customer desires
to sell its used Equipment to a third party, Customer must first receive prior written authorization from
Motorola, which will not be unreasonably denied, and obtain written acceptance of the applicable Licensed
Software license terms, including the obligation to pay relevant license fees, from such third party.
Customer will take appropriate security measures when disposing of Equipment, including the deletion of
all data stored in the Equipment.
6.

Sites; Customer-Provided Equipment; Non-Motorola Materials.

6.1.
Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and
other approvals necessary for the performance, installation and use of the Products at each applicable
Site, including for Motorola to perform its obligations hereunder, and for facilitating Motorola’s access to
the Sites. No waivers of liability will be imposed on Motorola or its subcontractors by Customer or others at
Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree
such waivers are void.
6.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet
all applicable industry and legal standards (including standards promulgated by OSHA or other
governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air
conditioning, and other environmental conditions, electrical power outlets, distribution, equipment,
connections, and telephone or other communication lines (including modem access and interfacing
networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the
Products. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A.
standard RS-222 in effect on the Effective Date.
6.3. Site Issues. Upon its request, which will not be unreasonably denied, Motorola will have the right to
inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this
Section 6 – Sites; Customer-Provided Equipment; Non-Motorola Materials. If Motorola or Customer
identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the

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Parties will select a replacement Site. If a Party determines that a Site identified in a Proposal is not
acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement
Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or
adjustment to the installation plans and specifications may cause a change in the Fees or performance
schedule under the applicable Proposal.
6.4.
Customer-Provided Equipment. Customer will be responsible, at its sole cost and expense, for
providing and maintaining the Customer-Provided Equipment in good working order. Customer represents
and warrants that it has all rights in Customer-Provided Equipment to permit Motorola to access and use
the applicable Customer-Provided Equipment to provide the Products under this Agreement, and such
access and use will not violate any laws or infringe any third-party rights (including intellectual property
rights). Customer (and not Motorola) will be fully liable for Customer-Provided Equipment, and Customer
will immediately notify Motorola of any Customer-Provided Equipment damage, loss, change, or theft that
may impact Motorola’s ability to provide the Products under this Agreement, and Customer acknowledges
that any such events may cause a change in the Fees or performance schedule under the applicable
Proposal.
6.5.
Non-Motorola Materials. In certain instances, Customer may be permitted to access, use, or
integrate Non-Motorola Materials with or through the Products. If Customer accesses, uses, or integrates
any Non-Motorola Materials with the Products, Customer will first obtain all necessary rights and licenses
to permit Customer’s and its Authorized Users’ use of the Non-Motorola Materials in connection with the
Products. Customer will also obtain the necessary rights for Motorola to use such Non-Motorola Materials
in connection with providing the Products, including the right for Motorola to access, store, and process
such Non-Motorola Materials (e.g., in connection with SaaS Products), and to otherwise enable
interoperation with the Products. Customer represents and warrants that it will obtain the foregoing rights
and licenses prior to accessing, using, or integrating the applicable Non-Motorola Materials with the
Products, and that Customer and its Authorized Users will comply with any terms and conditions
applicable to such Non-Motorola Materials. If any Non-Motorola Materials requires access to Customer
Data, Customer hereby authorizes Motorola to allow the provider of such Non-Motorola Materials to
access Customer Data, in connection with the interoperation of such Non-Motorola Materials with the
Products.
6.6.
Customer acknowledges and agrees that Motorola is not responsible for, and makes no
representations or warranties with respect to, the Non-Motorola Materials (including any disclosure,
modification, or deletion of Customer Data resulting from use of Non-Motorola Materials or failure to
properly interoperate with the Products). If Customer receives notice that any Non-Motorola Materials must
be removed, modified, or disabled within the Products, Customer will promptly do so. Motorola will have
the right to disable or remove Non-Motorola Materials if Motorola believes a violation of law, third-party
rights, or Motorola’s policies is likely to occur, or if such Non-Motorola Materials poses or may pose a
security or other risk or adverse impact to the Products, Motorola, Motorola’s systems, or any third party
(including other Motorola customers).
6.7.
Motorola may provide certain Non-Motorola Materials as an authorized sales representative of a
third party as set out in a Proposal. As an authorized sales representative, the third party’s terms and
conditions will apply to any such sales. Any orders for such Non-Motorola Materials will be fulfilled by the
third party.
6.8.
End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain
Non-Motorola Materials software are governed by a separate license, EULA, or other agreement, including
terms governing third-party equipment or software, such as open source software, included in the
Products. Customer will comply, and ensure its Authorized Users comply, with any such additional terms
applicable to third-party equipment or software. Certain third party flow-down terms applicable to Motorola
Products may apply.
6.9. Prohibited Use. Customer will not integrate or use, or permit a third party or an Authorized User to
integrate or use, any Non-Motorola Materials with or in connection with a Software System or other

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Licensed Software provided by Motorola under this Agreement, without the express written permission of
Motorola.
6.10.
API and Client Support. Motorola will use reasonable efforts to maintain its Application
Programming Interfaces (APIs) for each Software System, understanding that APIs will evolve. Motorola
will support each API version for 6 months after introduction but may discontinue support with reasonable
notice or without notice if a security risk is present. For Licensed Software requiring a local client
installation, Customer is responsible for installing the current version. Motorola will support each client
version for 45 days after its release but may update the client at any time, and does not guarantee support
for prior client versions.
7.

Representations and Warranties.

7.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that
(a) it has the right to enter into, and execute, the Agreement and perform its obligations hereunder, and (b)
the Agreement will be binding on such Party.
7.2.
System Warranty. Subject to the disclaimers and exclusions below, Motorola represents and
warrants that, on the date of System Acceptance (for Communications Systems), System Completion Date
(for Software Systems), or Delivery, as applicable (a) the Communications System will perform in
accordance with the descriptions in the applicable Proposal in all material respects, (b) the Software
System will perform in accordance with the descriptions in the applicable Proposals in all material
respects, and (c) if Customer has purchased any Licensed Software (but, for clarity, excluding SaaS
Products) as part of such Communications System or Software System, the warranty period applicable to
such Licensed Software will continue for a period of one (1) year commencing upon System Acceptance,
System Completion, or date the Licensed Software is delivered (the “Warranty Period”).
7.3. Communications Systems. During the Warranty Period, in addition to warranty services, Motorola
will provide Maintenance and Support Services for the Equipment and support for the Motorola Licensed
Software in Communication Systems pursuant to the applicable maintenance and support Proposal.
Support for the Licensed Software will be in accordance with Motorola's established Software Support
Policy (“SwSP”). If Customer wishes to purchase (a) additional Maintenance and Support Services during
the Warranty Period; or (b) continue or expand maintenance, software support, installation, and/or
Motorola’s LMS after the Warranty Period, Motorola will provide the description of and pricing for such
services in a separate proposal document and such terms will be agreed upon in a Proposal. Unless
otherwise agreed by the Parties in writing, the terms and conditions of the MSLMA referenced in Section
3.2.2 will govern the provision of such Services.
7.4. SaaS. SaaS Products do not qualify for the System Warranty above.
7.5.
Motorola Warranties - Services. Subject to the disclaimers and exclusions below, Motorola
represents and warrants that (a) Services will be provided in a good and workmanlike manner and will
conform in all material respects to the descriptions in the applicable Proposal; and (b) for a period of ninety
(90) days commencing upon the Service Completion Date for one-time Services, the Services will be free
of material defects in materials and workmanship. Other than as set forth in subsection (a) above,
recurring Services are not warranted but rather will be subject to the requirements of the applicable
Addendum or Proposal.
7.6. Motorola Warranties - Equipment. Subject to the disclaimers and exclusions set forth below, (a) for
a period of one (1) year commencing upon the Delivery of Motorola-manufactured Equipment under
Section 5.7 – Delivery, Title and Risk of Loss, Motorola represents and warrants that such
Motorola-manufactured Equipment, under normal use, will be free from material defects in materials and
workmanship; and (b) the warranties applicable to Motorola-manufactured Equipment set forth in herein
shall be applicable to all radio Equipment purchased hereunder whether or not such Equipment was
manufactured by Motorola.

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7.7. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify Motorola in writing of
the claim prior to the expiration of any warranty period set forth in this Agreement. Unless a different
remedy is otherwise expressly set forth herein, upon receipt of such claim, Motorola will investigate the
claim and use commercially reasonable efforts to repair or replace any confirmed materially
non-conforming Product or re-perform any non-conforming Service, at its option. Such remedies are
Customer’s sole and exclusive remedies for Motorola’s breach of a warranty. Motorola’s warranties are
extended by Motorola to Customer only, and are not assignable or transferable.
7.8.
Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary,
Motorola will have no liability for third-party software or hardware provided by Motorola; provided, however,
that to the extent offered by third-party providers of software or hardware and to the extent permitted by
law, Motorola will pass through express warranties provided by such third parties.
7.9. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES
IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED HEREUNDER ARE PROVIDED “AS
IS” AND WITH ALL FAULTS. WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE
WARRANTIES FOR THE PRODUCTS AND SERVICES AND MOTOROLA DISCLAIMS ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
QUALITY. MOTOROLA DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES,
OR THAT THEY WILL MEET CUSTOMER’S PARTICULAR REQUIREMENTS.
7.10.
ADDITIONAL WARRANTY EXCLUSIONS. NOTWITHSTANDING ANY PROVISION OF THE
AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR
DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED
MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR,
INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN MOTOROLA; (C) CUSTOMER’S OR
ANY AUTHORIZED USER’S FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL
STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL
OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR
CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC
DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR
OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED
USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED
SERVICES; OR (L) BETA SERVICES.​
8.

Indemnification.

8.1. General Indemnity. Motorola will defend, indemnify, and hold Customer harmless from and against
any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of
attorneys) arising from any actual third-party claim, demand, action, or proceeding (“Claim”) for personal
injury, death, or direct damage to tangible property to the extent caused by Motorola’s negligence, gross
negligence or willful misconduct while performing its duties under this Agreement, except to the extent the
claim arises from Customer’s negligence or willful misconduct. Motorola’s duties under this Section 8.1 –
General Indemnity are conditioned upon: (a) Customer promptly notifying Motorola in writing of the Claim;
(b) Motorola having sole control of the defense of the suit and all negotiations for its settlement or
compromise to the extent allowed by applicable law; and (c) Customer cooperating with Motorola and, if
requested by Motorola, providing reasonable assistance in the defense of the Claim.
8.2.
Intellectual Property Infringement. Motorola will defend Customer against any third-party claim
alleging that a Motorola-developed or manufactured Product (the “Infringing Product”) directly infringes a
United States patent or copyright (“Infringement Claim”), and Motorola will pay all damages finally awarded
against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by
Motorola in settlement of an Infringement Claim. Motorola’s duties under this Section 8.2 – Intellectual
Property Infringement are conditioned upon: (a) Customer promptly notifying Motorola in writing of the

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Infringement Claim; (b) Motorola having sole control of the defense of the suit and all negotiations for its
settlement or compromise; and (c) Customer cooperating with Motorola and, if requested by Motorola,
providing reasonable assistance in the defense of the Infringement Claim.
8.2.1.
If an Infringement Claim occurs, or in Motorola’s opinion is likely to occur, Motorola may at its
option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b)
replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a
prorated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is
Licensed Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation
(if the Infringing Product is Equipment, including Equipment with embedded Licensed Software).
8.2.2.
In addition to the other damages disclaimed under this Agreement, Motorola will have no duty
to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a)
Customer Data, Customer-Provided Equipment, Non-Motorola Materials, or third-party equipment,
hardware, software, data, or other third-party materials; (b) the combination of the Product with any
products or materials not provided by Motorola; (c) a Product designed, modified, or manufactured in
accordance with Customer’s designs, specifications, guidelines or instructions; (d) a modification of
the Product by a party other than Motorola; (e) use of the Product in a manner for which the Product
was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by
Customer to use or install an update to the Product that is intended to correct the claimed
infringement. In no event will Motorola’s liability resulting from an Infringement Claim extend in any
way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue
derived by Motorola from Customer from sales or license of the Infringing Product.
8.2.3.
This Section 8.2 – Intellectual Property Infringement provides Customer’s sole and
exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim.​
8.3. Customer Indemnity. To the extent allowed by applicable law, Customer will defend, indemnify, and
hold Motorola and its subcontractors, subsidiaries and other affiliates harmless from and against any and
all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys)
arising from any actual or threatened third-party claim, demand, action, or proceeding arising from or
related to (a) Customer-Provided Equipment, Customer Data, or Non-Motorola Materials, including any
claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the
integration or use thereof with the Products) infringes or misappropriates a third-party intellectual property
or other right, violates applicable law, or breaches the Agreement; (b) Customer-Provided Equipment’s
failure to meet the minimum requirements set forth in the applicable Documentation or match the
applicable specifications provided to Motorola by Customer in connection with the Products; (c)
Customer’s (or its service providers, agents, employees, or Authorized User’s) negligence or willful
misconduct; and (d) Customer’s or its Authorized User’s breach of this Agreement. This indemnity will not
apply to the extent any such claim is caused by Motorola’s use of Customer-Provided Equipment,
Customer Data, or Non-Motorola Materials in violation of the Agreement. Motorola will give Customer
prompt, written notice of any claim subject to the foregoing indemnity. Motorola will, at its own expense,
cooperate with Customer in its defense or settlement of the claim.
9.

Limitation of Liability.

9.1.
EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF
MOTOROLA, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE
“MOTOROLA PARTIES”), WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR
EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES, OR
PORTION OF FEES, RELATED TO THE PRODUCT UNDER WHICH THE CLAIM AROSE. WITH
RESPECT TO ANY RECURRING SERVICES, THE MOTOROLA PARTIES’ TOTAL AGGREGATE
LIABILITY FOR ALL CLAIMS RELATED TO SUCH RECURRING SERVICES WILL NOT EXCEED THE
TOTAL FEES PAID FOR THE APPLICABLE PRODUCT DURING THE CONSECUTIVE TWELVE (12)
MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE.

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EXCEPT FOR PERSONAL INJURY OR DEATH, THE MOTOROLA PARTIES WILL NOT BE LIABLE IN
CONNECTION WITH THIS AGREEMENT (WHETHER UNDER MOTOROLA’S INDEMNITY
OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR
OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF
MOTOROLA HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE
FORESEEABLE.
9.2.
EXCLUSIONS FROM LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, MOTOROLA WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A)
CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO MOTOROLA, OR ANY OTHER DATA
AVAILABLE THROUGH THE PRODUCTS; (B) CUSTOMER-PROVIDED EQUIPMENT OR SITES;
NON-MOTOROLA MATERIALS; THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR
CONTENT; OR UNKNOWN OR UNAUTHORIZED COMBINATION OF PRODUCTS AND SERVICES; (C)
LOSS OF DATA, HACKING, RANSOMWARE, THIRD-PARTY ATTACKS OR DEMANDS; (D)
MODIFICATION OF PRODUCTS NOT AUTHORIZED BY MOTOROLA; (E) RECOMMENDATIONS
PROVIDED IN CONNECTION WITH THE PRODUCTS PROVIDED UNDER THIS AGREEMENT; (F)
DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) CUSTOMER’S OR ANY
AUTHORIZED USER’S BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS.
IN ADDITION TO THE FOREGOING EXCLUSIONS FROM DAMAGES, AND NOTWITHSTANDING ANY
PROVISION OF THE AGREEMENT TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR
(A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS;
(B) DISRUPTION OF OR DAMAGE TO CUSTOMER’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 SOFTWARE-AS-A-SERVICE, OR INTERPRETATION, USE, OR MISUSE
THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES.
9.3. Statute of Limitations. Customer may not bring any claims against a Motorola Party in connection
with this Agreement or the Products and Services more than one (1) year after the date of accrual of the
cause of action.
10.

Confidentiality.

10.1. Confidential Information. Customer and Motorola agree that, subject to any applicable freedom of
information or public records legislation, Motorola’s Confidentiality Terms apply to information shared
between the Parties.
11.

Proprietary Rights; Data; Feedback.

11.1.
Motorola Materials. Customer acknowledges that Motorola may use or provide Customer with
access to “Motorola Materials”. Except when Motorola has expressly transferred title or other interest to
Customer in writing, the Motorola Materials are the property of Motorola or its licensors, and Motorola or its
licensors retain all right, title and interest in and to the Motorola Materials (including, all rights in patents,
copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary
rights, and all associated goodwill and moral rights).
This Agreement does not grant to Customer any shared development rights in or to any Motorola Materials
or other intellectual property, and Customer agrees to execute any documents and take any other actions
reasonably requested by Motorola to effectuate the foregoing. Motorola and its licensors reserve all rights
not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted
to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse
engineer, derive source code or create derivative works from, merge with other software, distribute,

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sublicense, sell, or export the Products and Services or other Motorola Materials, or permit any third party
to do so.
11.2. ​ Ownership of Customer Data. Customer retains all right, title and interest, including intellectual
property rights, if any, in and to Customer Data. Motorola acquires no rights to Customer Data except
those rights granted under this Agreement including the right to Process (as defined in the DPA) and use
the Customer Data as set forth in the DPA.
11.3. ​ Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any
confidentiality obligation for Motorola, even if designated as confidential by Customer. Motorola may use,
reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to
Customer or Authorized Users and Customer represents and warrants that it has obtained all necessary
rights and consents to grant Motorola the foregoing rights.
11.4. ​ Improvements; Products and Services. The Parties agree that, notwithstanding any provision of
this Agreement to the contrary, all fixes, modifications and improvements to the Services or Products
conceived of or made by or on behalf of Motorola that are based either in whole or in part on the
Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of Motorola and
all right, title and interest in and to such fixes, modifications or improvements will vest solely in Motorola.
Customer agrees to execute any written documents necessary to assign any intellectual property or other
rights it may have in such fixes, modifications or improvements to Motorola.
12.

Acceptance

12.1. ​ Communications System Acceptance. Unless further defined in the applicable Proposal or
Statement of Work, System Acceptance for a Communications System occurs upon successful completion
of Acceptance Tests as detailed in the Acceptance Test Plan. Motorola will provide ten days' notice before
testing begins, and upon successful completion, both parties will sign an acceptance certificate. If the plan
includes tests for subsystems or phases, acceptance occurs upon successful completion of those tests
and separate certificates will be issued. If Customer believes the system has failed, they must provide a
detailed written notice within thirty days; otherwise, System Acceptance is deemed to have occurred.
Minor, non-material issues will not delay acceptance but will be addressed per a mutually agreed
schedule. Customer use of the system before System Acceptance requires Motorola's written
authorization and transfers responsibility for system operation to the Customer. Software System
Completion is defined by Customer's Beneficial Use of each Product within the system, with “Beneficial
Use” defined to occur thirty days after functional demonstration if not otherwise defined in the Proposal.
13.

Force Majeure; Delays Caused by Customer.

13.1. ​ Force Majeure. Except for Customer’s payment obligations hereunder, neither Party will be
responsible for nonperformance or delayed performance due to events outside of its reasonable control. If
performance will be significantly delayed, the affected Party will provide notice to the other Party, and the
Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule.
13.2. ​ Delays Caused by Customer. Motorola’s performance of the Products will be excused for delays
caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in
this Agreement (including in any Addendum or Proposal). In the event of a delay under this Section 13.2 –
Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the
Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and
(c) Customer will compensate Motorola for its out-of-pocket costs incurred due to the delay (including
those incurred by Motorola’s affiliates, vendors, and subcontractors).
14.
Disputes. The Parties will use the following procedure to resolve any disputes relating to or
arising out of this Agreement (each, a “Dispute”):

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14.1. ​ Governing Law. All matters relating to or arising out of the Agreement are governed by the laws
of the State of Illinois, unless Customer is the United States Government (or an agency thereof) or a state
government or state agency or local municipality within the United States, in which case all matters relating
to or arising out of the Agreement will be governed by the laws of the State in which the Products and
Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transactions Act will not apply.
14.2. ​ Negotiation; Mediation. The Parties will attempt to timely resolve the Dispute promptly through
good faith negotiations. Either Party may initiate dispute resolution procedures by sending a notice of
Dispute (“Notice of Dispute”) to the other Party. The Parties will choose an independent mediator within
thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the
selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request
that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of
mediation, but the Parties will share the cost of the mediator equally. Unless otherwise agreed in writing,
all in person meetings under this Section 14.2 – Negotiation; Mediation will take place in Chicago,
Illinois, and all communication relating to the Dispute resolution will be maintained in strict confidence by
the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to Motorola’s intellectual
property rights must be decided by a court of competent jurisdiction, in accordance with Section 14.3 –
Litigation, Venue, Jurisdiction below.
14.3. ​ Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60)
days from the Notice of Mediation, either Party may submit the Dispute exclusively to a court in Cook
County, Illinois, or in the case the Customer is the United States, a state agency, or local municipality, then
the appropriate court in the State in which the Products and Services are provided. Each Party expressly
consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the
outcome of any mediation.
15.

General.

15.1. ​ Compliance with Laws. Each Party will comply with applicable laws in connection with the
performance of its obligations under this Agreement, including that Customer will ensure its and its
Authorized Users’ use of the Products complies with law (including privacy laws), and Customer will obtain
any FCC, FAA, and other licenses or authorizations (including licenses or authorizations required by
foreign regulatory bodies) required for its and its Authorized Users’ use of the Products. Motorola may, at
its discretion, cease providing or otherwise modify Products (or any terms related thereto in an Addendum
or Proposal), in order to comply with any changes in applicable law.
15.2. ​ Audit; Monitoring. Motorola will have the right to monitor and audit use of the Products, including
an audit of total user licenses credentialed by Customer for any Licensed Software or SaaS Products,
which may also include access by Motorola to Customer Data and Service Use Data. Customer will
provide notice of such monitoring to its Authorized Users and obtain any required consents, including
individual end users, and will cooperate with Motorola in any monitoring or audit. Customer will maintain
during the Term, and for two (2) years thereafter, accurate records relating to any licenses granted under
this Agreement to verify compliance with this Agreement. Motorola or a third party (“Auditor”) may inspect
Customer’s and, as applicable, Authorized Users’ premises, books, and records. Motorola will pay
expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the
Agreement, in which case Customer will be responsible for such expenses and costs. In the event
Motorola determines that Customer’s usage of the Licensed Software or SaaS Product exceeded the
number of licenses purchased by Customer at a given time, Motorola may invoice Customer for the
additional licenses used by Customer, pro-rated for each additional license from the date such license was
activated, and Customer will pay such invoice in accordance with the payment terms in the Agreement.
15.3. ​ Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement
without the prior written approval of the other Party. Motorola may assign or otherwise transfer this
Agreement or any of its rights or obligations under this Agreement without consent (a) for financing
purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as

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part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this
Agreement will be binding upon the Parties and their respective successors and assigns. Motorola may
subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement.
15.4. ​ Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be
construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed
by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of
any other obligation. All waivers must be in writing and signed by the Party waiving its rights.
15.5. ​ Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be
invalid, illegal, or otherwise unenforceable, such provision will be deemed to be modified to reflect as
nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining
provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to
the full extent permitted by applicable law.
15.6. ​ Independent Contractors. Each Party will perform its duties under this Agreement as an
independent contractor. The Parties and their personnel will not be considered to be employees or agents
of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or
authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be
interpreted as a joint venture, partnership, or formal business organization of any kind.
15.7. ​ Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced
only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of
action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or
supplier of third-party software included in the software Products will be a direct and intended third-party
beneficiary of this Agreement.
15.8. ​ Interpretation. The section headings in this Agreement are included only for convenience The
words “including” and “include” will be deemed to be followed by the phrase “without limitation”. This
Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against
either Party.
15.9. ​ Notices. Notices required under this Agreement to be given by one Party to the other must be in
writing and either personally delivered or sent to the address provided by the other Party by certified mail,
return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or
DHL), and will be effective upon receipt.
15.10. ​ Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for
in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to
either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the
election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will
not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by
contract, or otherwise.
15.11. ​ Survival. The following provisions will survive the expiration or termination of this Agreement for
any reason: Section 3.5 – Customer Obligations; Section 4.6 – Effect of Termination or Expiration; Section
5 – Payment and Invoicing; Section 7.9 – Warranty Disclaimer; Section 7.10 - Additional Warranty
Exclusions; Section 8.3 – Customer Indemnity; Section 9 – Limitation of Liability; Section 10 –
Confidentiality; Section 11 – Proprietary Rights; Data; Feedback; Section 13 – Force Majeure; Delays
Caused by Customer; Section 14 – Disputes; and Section 15 – General.
15.12. ​ Entire Agreement. This Agreement, including all Addenda, and Proposals, constitutes the entire
agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements,
proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may
be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had
executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic

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signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect
as an original signature, and will have the same effect, as an original signed copy of this document. This
Agreement may be amended or modified only by a written instrument signed by authorized representatives
of both Parties. The preprinted terms and conditions found on any Customer purchase order,
acknowledgment, or other form will not be considered an amendment or modification or part of this
Agreement, even if a representative of each Party signs such document.
The Parties hereby enter into this MCA as of the Effective Date.
Motorola Solutions, Inc.

​

​

Powhatan County, VA Emergency Communications

By: ______________________________

​

By: ______________________________

Name: ___________________________

​ Name: ____________________________

Title: ____________________________

​ Title: _____________________________

Date: ____________________________

​ Date: _____________________________

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