REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 20, 2026
FROM
JOSIE GONZALES, Assessor-Recorder-County Clerk
SUBJECT
Title
Purchase of Unbudgeted Fixed Assets - Everpure Storage FlashArray Units with Support Subscription
End
RECOMMENDATION(S)
Recommendation
1. Approve the purchase from Presidio Networked Solutions Group, LLC, of two Everpure Storage FlashArray Units with a support subscription, as unbudgeted fixed assets, in an amount not-to-exceed $344,435.
2. Approve non-financial Hardware Product Terms of Use with Everpure, Inc., including non-standard terms, for hardware use, effective October 20, 2026 and continuing until terminated by either party.
3. Approve non-financial Support Terms for //R Products with Everpure, Inc., including non-standard terms, for support services, effective October 20, 2026 and continuing until terminated by either party.
4. Approve non-financial //R Products Terms of Use with Everpure, Inc., including non-standard terms, for product use, effective October 20, 2026 and continuing until terminated by either party.
5. Approve Terms and Conditions with Presidio Networked Solutions Group, LLC, including non-standard terms, for the purchase of two Everpure Storage FlashArray Units with a support subscription, in an amount not-to-exceed $344,435, with a subscription period of 12 months commencing upon shipment of the storage units.
(Presenter: Josie Gonzales, Assessor-Recorder-County Clerk, 382-3204)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The estimated cost for two Everpure Storage FlashArray Units with a support subscription is not-to-exceed $344,435 as detailed in the chart below:
|
Fund Center |
Quantity |
Purpose |
Cost |
|
3111001000 |
1 |
ARC Production Server Storage |
$154,210 |
|
3110002340 |
1 |
Backup Production File Storage |
$190,225 |
The support subscription is required to put the storage units into service and has been included in the fixed asset unit valuation. The subscription period is for 12 months commencing upon the shipment of the storage units. Payment will be made to Presidio Networked Solutions Group, LLC (Presidio) as Everpure, Inc.’s (Everpure) authorized distributor.
Budget adjustments are not requested at this time. Fixed assets were approved in the Assessor-Recorder-County Clerk’s (ARC) 2026-27 budget (3111001000 and 3110002340) to replace aging storage units, however, since that time storage media costs across the global market have increased substantially due to increased worldwide demand and supply shortages for computer components used in storage systems and servers. There is currently an immediate need to replace two of the storage units that have approved budget appropriation, but because of the increased costs, ARC will defer the purchase of other budgeted fixed assets to offset the difference as detailed in the chart below:
|
Fund Center 3111001000 |
|
Item |
Quantity |
Purpose |
Budget Amount |
|
Core Switch |
-1 |
Defer purchase to 2027-28 |
$24,000 |
|
Access Switch |
-1 |
Defer purchase to 2027-28 |
$17,000 |
|
Access Switch |
-3 |
Defer purchase to 2027-28 |
$49,500 |
|
Storage Unit |
-1 |
Apply original budget amount |
$75,000 |
|
Total Appropriation |
$165,500 |
|
Fund Center 3110002340 |
|
Item |
Quantity |
Purpose |
Budget Amount |
|
Storage Unit |
-1 |
Defer purchase to 2027-28 |
$75,000 |
|
Storage Unit |
-2 |
Apply original budget amount |
$150,000 |
|
Total Appropriation |
$225,000 |
BACKGROUND INFORMATION
ARC utilizes numerous computer systems that rely on storage units to ensure that critical data is managed, secure, and available without interruption. ARC currently needs to replace two Nexsan E-Series Storage Units with two Everpure Storage FlashArray Units at the Hall of Records. These storage units are critical components of ARC’s daily production services, backup, recovery, and business continuity needs. FlashArrays deliver consistent data services in a unified data plane, offer scalable simplicity and flexibility for growth without silos and workarounds, and eliminate disruptive refresh cycles by upgrading controllers, modules, and software without downtime.
Presidio is an authorized distributor of Everpure products and services. ARC will purchase the two Everpure Storage FlashArray Units and support subscriptions from Presidio. Everpure is the product and service provider for the Everpure Storage FlashArray Units and support subscriptions.
Hardware Product Terms of Use are Everpure’s standard agreement, which includes terms that differ from the County standard contract and omits County standard contract terms. The non-standard and missing terms include the following:
1. The contract does not require Everpure to meet the County’s insurance standards.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County's Risk Management Department.
• Potential Impact: The contract does not include County standard insurance requirements. This means that the County has no assurance that Everpure will be financially responsible for claims that may arise from the County's use of the software, which could result in expenses to the County that exceed the total contract amount.
2. The contract does not require Everpure to indemnify the County, including for intellectual property infringement claims.
• The standard contract provision for intellectual property indemnity is: Contractor will indemnify, defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third-party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services. The County standard contract general indemnity provision requires the Contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Everpure is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from Everpure’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of Everpure’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total contract amount.
3. There is no stated venue in the contract.
• The County standard contract requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Contractor is located in Santa Clara County, California. Having no express venue in the contract means that Santa Clara venue could be applied to this contract, which may result in additional expenses that exceed the amount of the contract.
4. The contract is silent on governing law.
• The County standard contract requires California governing law.
• Potential Impact: The contract is silent on governing law. This results in uncertainty over which state's laws will govern the interpretation of the contract and leads to ambiguity in interpretation of the contract terms. Everpure is a corporation based in the State of California. The contract could be interpreted under any state law depending on where the claim is brought, including California or other states. Any questions, issues or claims arising under this contract could require the County to hire outside counsel competent to advise on the applicable state law, which may result in fees that exceed the total contract amount.
Support Terms for //R Products are Everpure’s standard agreement, which includes terms that differ from the County Contract and omits County standard contract terms. The non-standard and missing terms include the following:
1. The contract does not require Everpure to meet the County’s insurance standards.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County's Risk Management Department.
• Potential Impact: The contract does not include County standard insurance requirements. This means that the County has no assurance that Everpure will be financially responsible for claims that may arise from the County's use of the software, which could result in expenses to the County that exceed the total contract amount.
2. The contract does not require Everpure to indemnify the County, including for intellectual property infringement claims.
• The standard contract provision for intellectual property indemnity is: Contractor will indemnify, defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third-party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services. The County standard contract general indemnity provision requires the Contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Everpure is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from Everpure’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of Everpure’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total contract amount.
3. There is no stated venue in the contract.
• The County standard contract requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Contractor is located in Santa Clara County, California. Having no express venue in the contract means that Santa Clara venue could be applied to this contract, which may result in additional expenses that exceed the amount of the contract.
4. The contract is silent on governing law.
• The County standard contract requires California governing law.
• Potential Impact: The contract is silent on governing law. This results in uncertainty over which state's laws will govern the interpretation of the contract and leads to ambiguity in interpretation of the contract terms. Everpure is a corporation based in the State of California. The contract could be interpreted under any state law depending on where the claim is brought, including California or other states. Any questions, issues or claims arising under this contract could require the County to hire outside counsel competent to advise on the applicable state law, which may result in fees that exceed the total contract amount.
//R Products Terms of Use are Everpure’s standard agreement, which includes terms that differ from the County Contract and omits County standard contract terms. The non-standard and missing terms include the following:
1. The contract does not require Everpure to meet the County insurance standards.
• The County standard contract requires contractors to carry appropriate insurance at limits and under conditions determined by the County's Risk Management Department.
• Potential Impact: The contract does not include County standard insurance requirements. This means that the County has no assurance that Everpure will be financially responsible for claims that may arise from the County's use of the software, which could result in expenses to the County that exceed the total contract amount.
2. The contract does not require Everpure to indemnify the County, including for intellectual property infringement claims.
• The standard contract provision for intellectual property indemnity is: Contractor will indemnify, defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third-party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services. The County standard contract general indemnity provision requires the Contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Everpure is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from Everpure’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of Everpure’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total contract amount.
3. There is no stated venue in the contract.
• The County standard contract requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Contractor is located in Santa Clara County, California. Having no express venue in the contract means that Santa Clara venue could be applied to this contract, which may result in additional expenses that exceed the amount of the contract.
4. The contract is silent on governing law.
• The County standard contract requires California governing law.
• Potential Impact: The contract is silent on governing law. This results in uncertainty over which state's laws will govern the interpretation of the contract and leads to ambiguity in interpretation of the contract terms. Everpure is a corporation based in the State of California. The contract could be interpreted under any state law depending on where the claim is brought, including California or other states. Any questions, issues or claims arising under this contract could require the County to hire outside counsel competent to advise on the applicable state law, which may result in fees that exceed the total contract amount.
Terms and Conditions are Presidio’s standard agreement, which includes terms that differ from the County Contract and omits County standard contract terms. The non-standard and missing terms include the following:
1. The contract does not require Presidio to indemnify the County, including for intellectual property infringement claims.
• The standard contract provision for intellectual property indemnity is: Contractor will indemnify, defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third-party claims, costs (including without limitation reasonable attorneys' fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services. The County standard contract general indemnity provision requires the Contractor to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Presidio is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from Presidio’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of Presidio’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total contract amount.
Approval of this item will allow ARC to purchase two Everpure Storage FlashArray Units with a support subscription, as unbudgeted fixed assets, to replace aging infrastructure with new mission-critical data storage units at the Hall of Records.
PROCUREMENT
A competitive selection process was conducted through an informal solicitation, resulting in three quotes. ARC’s Information Technology Unit developed the required storage solution with Everpure based on current operational needs and anticipated future growth. Once the configuration was finalized, it was provided to vendors authorized to distribute Everpure’s products and services for quoting as follows:
|
Vendor |
Location |
Proposal Amount |
|
Presidio Networked Solutions Group, LLC |
Pleasanton, CA |
$344,435 |
|
Everpure, Inc. |
Santa Clara, CA |
$387,090 |
|
Insight Public Sector, Inc. |
Chandler, AZ |
$397,222 |
The quotes were evaluated based on cost. Presidio is recommended for issuance of a Purchase Order to provide the products and services listed in the quote.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Kenneth Brown, Deputy County Counsel, 387-5455) on September 15, 2026; Risk Management (Arrissia Beaven, Staff Analyst II, 386-9030) on September 17, 2026; Information and Technology Department (Don Le, Chief Information Officer, 388-5501) on September 24, 2026; Purchasing (Jessica Barajas, Supervising Buyer, 387-2065) on September 24, 2026; and County Finance and Administration (Elias Duenas, Administrative Analyst, 387-4052) on September 28, 2026.