CSP032433_Contract.pdf

State of Ohio Department of Administrative Services Operation of a Vehicle Emissions Testing Program in the Cleveland/Akron Area – RFP

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On behalf of the Ohio Environmental Protection Agency RFP Version 03/01/24

A CONTRACT BETWEEN

THE OHIO DEPARTMENT OF ADMINISTRATIVE SERVICES

ON BEHALF OF THE

OHIO ENVIRONMENTAL PROTECTION AGENCY

AND

ENVIROTEST SYSTEMS CORP

This Contract (CSP032433), which results from Request for Proposals #SRC0000021894 titled Operation of a Vehicle Emissions Testing Program in the Cleveland/Akron Area (the “RFP”), is between the State of Ohio, through the Department of Administrative Services, on behalf of the Ohio Environmental Protection Agency (the “State”), and Envirotest Systems Corp (the "Contractor").

This Contract is the result of agreed upon changes to the RFP including all exhibits and written amendments to this RFP and the Contractor's negotiated and accepted Proposal. It will also include any materials incorporated by reference in the above documents. The terms and conditions for this Contract are contained in Parts 2-4 of the RFP. If there are conflicting provisions between the documents that make up the Contract, the order of precedence for the documents is as follows:

This Contract consists of the following in this order of precedence:

1. This one-page Contract;

2. Contract Part 6;

3. This RFP, as amended; and

4. The Proposal, as negotiated, clarified, and accepted by the State dated February 28, 2025.

Once awarded, the term of the Contract will be from the date of the State’s signature through June 30, 2027. The State may solely renew this Contract at its discretion for a period of one month. Any further renewals will be by mutual agreement between the Contractor and the State. The parties may renew this Contract for up to two additional years. Any such renewal of all or part of the Contract is also subject to the satisfactory performance of the Contractor and the needs of the State of Ohio.

This Contract has an effective date of the later of August 1, 2025 or the occurrence of all conditions precedent specified in the terms and conditions of Parts 2-4.

To show their agreement, the parties have executed this Contract as of the dates below.

ENVIROTEST SYSTEMS CORP STATE OF OHIO,

DEPARTMENT OF ADMINISTRATIVE SERVICES

By: _________________________________ By: ____________________________________

Name: Jim Sands_____________________ Name: Kathleen C. Madden_________________

Title: Vice President _____________________ Title: Director _____________________

Date: ________________________________ Date: ___________________________________

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Part 6 – Mutually Agreed Upon Changes

The fully negotiated and agreed upon final version of the proposed exceptions or changes will be set forth in this Part 6 and become part of the Contract.

1. Part 1 – Scope of Work is updated to include the following changes:

a. Due to recent legislative changes, vehicles are exempt from the emission inspection for the first six model years in the E-Check program. All references to four years of exemption will be six years of exemption. As a result of this change, there was a cost savings from less forms and mailings during the course of the year.

b. Mobile and/or remote OBD services will not be included in this Contract.

c. The requirement for third party auditing, and any associated costs, will not be included in this Contract.

d. The Contractor will not upgrade the centralized lane and decentralized testing equipment or change the software to accommodate a one-position inspection lane. No additional kiosks will be installed during the term of this Contract. Any costs related to new kiosks are not included in this Contract.

e. The RapidScreen Remote Sensing clean screening program will not be included in the Contract.

The Contractor will continue to provide the State with the annual 0.5% RSD study. The Contractor will take on-road measurements to fulfill the 0.5% study requirements.

f. Lead lane inspectors may be eliminated at lower volume stations. The Manager on Duty (MOD) at a testing location will be permitted to conduct emissions testing as needed. MODs will not be scheduled as an inspector but will have flexibility to provide additional coverage. The low volume stations include: Berea, North Royalton, Valley View, Painesville, Chardon, Auburn, Rootstown, Kent, Twinsburg, Cuyahoga Falls, Medina, Spencer, and Elyria.

g. The Contractor will not be required to conduct the annual third-party customer satisfaction survey.

2. Part 2 – Contract-Specific Terms and Conditions, Section D, 1. Additional Insurance, letter c is removed and replaced with the following:

c. Employee dishonesty insurance with a limit of not less than $100,000 per occurrence or claim, for the loss of money, securities or negotiable instruments, or property of the State in the Contractor’s care, custody and control, including but not limited to coverage for theft and forgery.

Coverage must include both first and third-party losses.

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3. Part 5 – Cost Proposal Monthly Cost and Public Education Program Cost is removed and replaced with the following as the Contractor’s Best and Final Offer:

MONTHLY COST

DESCRIPTION

NOT TO EXCEED

COST

Monthly cost for the Contract term to provide the Work described in Part 1 – Scope of Work. Monthly cost does not include costs associated with the public education program in Part 1, Scope of Work, Section F(17).

$1,014,972 /month

PUBLIC EDUCATION PROGRAM COST

DESCRIPTION BUDGETED COST

Costs associated with the execution of the public education program identified in Part 1, Scope of Work, Section F(17). Costs will not be evaluated.

$59,089 /month

4. The State agrees to Phase 1 and Phase 2 of the work described as Additional Innovation or Value-

Added Services. The work described in Phase 3 is not accepted. Costs associated with Phases 1 and 2 are included in the monthly not-to-exceed cost.

5. The State agrees to the work described as Offeror Best Practices. Costs associated with this work are included in the monthly not-to-exceed cost.