Thanks for pointing out these obvious flaws in this benchmark. Very, very sloppy.
Also to note is that the 1.30 version of OCZ SSD firmware for the Agility and Vertex introduce a concept called "Garbage Collection". The GC routines kick in when the drive is otherwise idle and is used to organize/collect data on the flash so that it will be able to do it in the most efficient/fastest way possible. The 1.30 firmware has a very early version of GC that can take a lot of idle time to take effect. The next released firmware should be much better in this regard. PCPer has an article which tests an early release of this new firmware which shows how it can help.
At the very least, both SSDs should have been wiped clean using the tools available from OCZ to make sure both were in the same starting state.