BWC010_CSP901322_Contract_Rev.pdf

Index No.: BWC010

Eff. Date: 07/01/25

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: OCCUPATIONAL SAFETY & HEALTH ELECTRICAL COURSES

CONTRACT NUMBER: CSP901322 EFFECTIVE DATES: 07/01/21 TO 06/30/23

* Renewal through 06/30/27

The Department of Administrative Services has accepted Proposals submitted in response to Request for Proposal (RFP) No.

CSP901322 that opened on 05/17/21. The evaluation of the Proposal responses has been completed. The Offeror listed herein has been determined to be the highest ranking Offeror and has been awarded a Contract for the services listed. The respective Proposal response including, Contract Terms & Conditions, any Proposal amendment, special Contract Terms & Conditions, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Services Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated, or cancelled in accordance with the Contract Terms and Conditions.

This Requirements Contract is available to the Ohio Bureau of Workers' Compensation (BWC) as applicable.

The agency is eligible to make purchases of the contracted services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that department will purchase the volume of services as advertised in the Request for Proposal.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

www.ohio.gov/procure

* Indicates twenty-four (24) month renewal through 06/30/27, per Amendment 2, effective 07/01/25.

Eff. Date: 07/01/23

MUTUALLY AGREED UPON TERMS & CONDITIONS

COURSE CHANGES AND CANCELLATION.

Upon mutual agreement, the Ohio Bureau of Workers’ Compensation (BWC) may change the dates, times, or locations for any of the contractual courses. Due to operational need, all classes are subject to cancellation one week before the scheduled class at the discretion of BWC for any reason.

SPECIAL CONTRACT COMPLIANCE AND TERMINATION.

During the term of this contract, the DSH Training Center Advisor responsible for your course shall be responsible for monitoring the Contractor’s performance and compliance with the terms and conditions of the Contract. It is specifically understood that the nature of the services to be rendered pursuant to any contract resulting from this RFP are of such a nature that BWC is the sole judge of the adequacy of such services and will report them to DAS. DAS reserves the right to cancel the contract at any time without cause upon 14 days’ notice. Upon cancellation, other than for the default of the Contractor, BWC shall pay the Contractor for services rendered prior to the effective date of the cancellation. If BWC’s representative observes any infraction(s), such shall be documented and notice conveyed to DAS and then to the Contractor for immediate correction.

Continued failures on the Contractor part to comply with the terms and conditions of the ensuing contract may constitute an event of default.

SPECIAL DEFAULT BY THE CONTRACTOR.

DAS declares and the Contractor acknowledges that BWC may suffer damages due to the failure of the Contractor to act in accordance with the requirements, terms and conditions of the contract. DAS declares and the Contractor agrees that such failure shall constitute an event of default on the part of the Contractor. The Contractor agrees that if DAS or BWC does not give prompt notice of such failure, that DAS and BWC has not waived any of its rights or remedies. In the event that a Contractor does not show up to teach a class, the Training Center Advisor responsible for the class will contact the Contractor to ascertain the reason for the missed class and then determine whether to reschedule the class. The contract with that Contractor might be terminated. Repeated late starts to a class might also be reason to terminate the Contract.

* PROHIBITION OF THE EXPENDITURE OF PUBLIC FUND FOR OFFSHORE SERVICES

No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

* Indicates addition of updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services, per Amendment 1, effective 07/01/23.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

COST SUMMARY

Occupational Safety & Health Electrical Courses

CSP901322

UNSPSC CATEGORY CODE: 86100000, 86101709

OAKS Item

Course Title Cost Per Class 07/01/21 – *06/30/27

39451

Electrical Hazard Recognition & Abatement

$13,350.00

39452

Electrical Safety Maintenance (NFPA70B) – Practices for Electrical Equipment Maintenance

$8,250.00

39453

Electrical Safety in the Workplace through Insight and Implementation of NFPA 70E

$5,550.00

Invoices are to be submitted monthly, in arrears, for classes completed.

There will be no additional reimbursement for travel or other related expenses.

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified in the Proposal.

* Indicates revision to cost per class end date, per Amendment 2, effective 07/01/25.

Eff. Date: 07/01/21

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: CSP901322

0000203088 ES Squared, Inc. TERMS: Net 30 Days

1414 Woodbourne Avenue Pittsburgh, PA 15226-2428

CONTRACTOR’S CONTACT:

Mr. Michael Kovacic, President Telephone: (330) 607-2139 Email: mkovacic@es2safety.com mailto:mkovacic@es2safety.com

SUMMARY OF AMENDMENTS

Amendment

Number Effective

Date Description

*2 07/01/25

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twenty-four

(24) months, effective 07/01/25 through 06/30/27. Additionally, this amendment is issued to revise the cost per class end date and to update the Summary of Amendments page. All other prices, terms and conditions remain unchanged.

1 07/01/23

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional twenty-four

(24) months, effective 07/01/23 through 06/30/25. Additionally, this amendment is issued to include updated language regarding the Prohibition of the Expenditure of Public Funds for Offshore Services and to add the Summary of Amendments. All other prices, terms and conditions remain unchanged.

* Indicates update to the Summary of Amendments, per Amendment 2, effective 07/01/25.