Florida Lottery. Invitation to Bid

Transcription

1 Florida Lottery Invitation to Bid Issue Date: Tuesday, March 1, 2016 Project Number: /16 Florida Lottery Procurement Management 250 Marriott Drive Tallahassee, Florida 32301

2 TABLE OF CONTENTS PAGE PART 1-DEFINITIONS... 1 PART 2-SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS Introduction Procurement Authority Applicable Laws and Procedures Issuing Officer, or Designee Restrictions on Communication Hiring and Other Business Relationships with Lottery Staff Schedule of Events Addenda or Notices Vendor Questions Public Records Request Protests Vendor Felonies, Convicted Vendor List, Discriminatory Vendor List Costs Associated with Bid Persons Requiring Special Accomodations Bid Receipt and Opening Disclosure and Ownership of Bid Contents by the Lottery Withdrawal From Consideration Clarification Process Non-Responsive Bids Disqualification for Non-Responsibility Identical Tie Bids Florida Based Business Preference Acceptance or Rejection of Bids Notice of Agency Decision Contracting Officer PART 3 - PREPARING AND SUBMITTING BIDS Bid Format Binding Bids/ Tenure References Financial Review Change in Financial Condition Background Investigations and Disclosures Bid Sheet... 16

3 ATTACHMENTS Attachment... A Attachment... B Attachment... C Attachment... D Attachment... E Special Terms and Conditions Specifications and Visual Examples Allocations Bid Price Sheet References Procurement Library (Hyperlinked) Vendor Diversity Agreement Terms Mandatory Requirements of Agreement RESPECT of Florida Agreement Terms Vendor Personal Profile Form Disclosure Affidavit Certification as to a Drug Free Workplace Quick Reference Guide for Florida Lottery Brandmark Logo and Wordmark

4 PART 1: DEFINITIONS Agreement - The two-party signature document (or three-party in the event of a financial guarantor or a joint Bid) entered into between the Lottery and the successful Vendor of this Solicitation. The Agreement will incorporate the terms of all related Solicitation documents, including but not limited to any addenda to the Solicitation and the successful Vendor's Bid. The terms Contract and Agreement may be used interchangeably. The Agreement may be in the form of a Purchase order, Authorization to Purchase or two-party signature document (or threeparty in the event of a financial guarantor or a joint Bid). Apparent Successful Vendor - The Vendor submitting the lowest total average unit cost per group, pending successful completion of the financial review and the background investigations pursuant to Section 3 of this Solicitation. If the financial review or background investigation provides an unfavorable outcome, the Lottery will move to the next Vendor with the lowest Bid. Authorized Representative - The owner, corporate officer or director of the Vendor, or party authorized to legally bind the Vendor in a contractual obligation. If the Authorized Representative delegates signature authority, then the Vendor must provide a notarized statement identifying the representative who has the authority to legally bind the Vendor in a contractual obligation. Bid - All materials submitted by a Vendor in response to this Solicitation. Business Day - Monday through Friday except legal holidays observed by the State of Florida, Saturdays and Sundays. The terms "working day" and "Business Day" may be used interchangeably. Certified Minority Business Enterprise (CMBE) - A business which has been certified by the Florida Department of Management Services, Office of Supplier Diversity, to be a minority business enterprise. CMYK Cyan, Magenta, Yellow and Black. Contractor - The Vendor with whom the Lottery executes an Agreement to provide the required commodities or contractual services, pursuant to this Solicitation. CPSIA Consumer Product Safety Improvement Act. Invitation to Bid (ITB) - The process used to communicate procurement requirements and request responses from interested vendors. A written or electronically posted solicitation for competitive sealed bids to select a vendor for the procurement commodities or contractual services. The terms ITB and Solicitation may be used interchangeably. Lottery - The State of Florida, Department of the Lottery. MyFloridaMarketPlace - The State of Florida, eprocurement System. Principal Place of Business - The physical location from which the Vendor s high level officers Florida Lottery Invitation to Bid #052-15/16 Page 1

5 PART 1: DEFINITIONS direct, control and coordinate the Vendor s activities. Purchase Order - Electronic document for the procurement of commodities and/or services issued through MyFloridaMarketPlace. Responsible Vendor - A Vendor determined by the Lottery to have the capability in all respects to perform fully the Agreement requirements and to have the integrity, security and reliability, which will assure good faith performance. Responsive Bid - A timely submitted Bid which conforms in all material respects to this Solicitation. Secretary - The Secretary of the Florida Lottery or an employee of the Lottery authorized to act on behalf of the Secretary. State - The State of Florida and its departments, boards and commissions, officers and employees. Successful Vendor - The Vendor to whom the Lottery awards and with whom the Lottery intends to execute an Agreement pursuant to this Solicitation. Vendor - Any organization, entity, joint venture or person submitting materials to the Lottery in response to this Solicitation. Vendor Bid System - The State of Florida centralized, internet-based vendor information system at: END OF SECTION Florida Lottery Invitation to Bid #052-15/16 Page 2

6 2.1 INTRODUCTION PART 2: SOLICITATION PROCESS, SCHEDULE AND CONSTRAINTS The Florida Lottery is a unique State agency that functions as an entrepreneurial enterprise to generate funds for the enhancement of public education. Promotional items are used to increase Lottery brand awareness/recognition by opening lines of communication, drawing attention through tradeshows and events and increasing sales. The purpose of this Solicitation is to establish an Agreement with a qualified Vendor to accurately and timely produce and distribute custom-made promotional items that meet or exceed the objectives and specifications outlined herein, including; Ensure items are produced with a high level of workmanship and product quality. Ensure items have a sharp and crisp image, without smearing or smudging. Deliver to Lottery Headquarters and District offices (Attachment C). Vendors can ensure their company is registered to receive notification of advertisements, addenda and notices by visiting the following link: and selecting the Electronic Notification link. The commodity codes vendors should register for pertaining to this Solicitation are: Promotional Material; Industrial Printing Services; Digital Industrial Printing Services; Direct Marketing Print Service; Digital Printing; and Promotional or Advertising Printing; and Promotional Merchandise. The Lottery hereby incorporates by reference the material and attachments contained herein, and addenda to this Solicitation, as well as the Library of Procurement Information and Standard Forms (the Library ) pertinent to the preparation of Bids and the understanding of the Agreement requirements, with each applicable document/form identified as a hyperlink in this Solicitation. The Library is located on the Lottery s Internet site and the URL is: If unable to read or download material from this site, Vendors should contact the Issuing Officer identified in Section 2.4. It is the sole responsibility of Vendors to monitor this site, as additional notifications may not be provided when information or materials are added. Disclosure of Bid contents by a Vendor or agent of the Vendor prior to the Bid becoming a public record may result in rejection of the Bid at the Lottery s discretion. The Lottery reserves the right, at its sole discretion, to cancel this Solicitation at any time during the Solicitation process. Throughout this Solicitation, where it is logical and reasonable to do so, the singular may be read as the plural and the plural as the singular. 2.2 PROCUREMENT AUTHORITY Vendors preparing a Bid should be familiar with the Florida Public Education Lottery Act ( Lottery Act ), which establishes the purpose, powers, duties, and procedural framework of the Lottery. Florida Lottery Invitation to Bid #052-15/16 Page 3

7 The Lottery Act, Chapter 24, Florida Statutes, may be found at This Solicitation and all activities leading up to execution of an anticipated Agreement pursuant to this Solicitation are conducted pursuant to Chapters 24 and 287, Florida Statutes; Rule 53ER07-55; and Chapter 60A, Florida Administrative Code, as applicable. The Lottery considers it to be in the best interests of the State of Florida to acquire the commodities and services described herein through a competitive procurement process. 2.3 APPLICABLE LAWS AND PROCEDURES Applicable provisions of all federal, state, county and local laws and administrative procedures, regulations, or rules will govern the development, submittal and evaluation of all Bids received in response hereto and will govern any and all claims and disputes which may arise between persons submitting a Bid hereto and the Lottery. Lack of knowledge of the law or applicable administrative procedures, regulations or rules by any Vendor will not constitute a cognizable defense against their effect. 2.4 ISSUING OFFICER, OR DESIGNEE The Issuing Officer or designee, acting on the Lottery's behalf, is responsible for issuing this solicitation, along with any changes, additional materials, or addenda. The Issuing Officer is the sole point of contact with regard to all procurement matters relating to this Solicitation, from the date of issuance of this Solicitation until the Lottery s Notice of Agency Decision. All communication concerning this Solicitation should be addressed in writing to the Issuing Officer: Ms. Kathy Peterson Procurement Management Florida Lottery 250 Marriott Drive Tallahassee, Florida FAX: (850) purchasing@flalottery.com All s to the Issuing Officer should contain the Solicitation number in the subject line of the RESTRICTION ON COMMUNICATIONS Vendors responding to this Solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the seventy-two hour period following the Lottery posting the notice of intended award, excluding Saturdays, Sundays, and State holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the Issuing Officer or designee. Violation of this provision may be grounds for rejecting a Bid. Florida Lottery Invitation to Bid #052-15/16 Page 4

8 The Vendor warrants that no person or selling agency has been employed or retained to solicit or secure an agreement pursuant to this Solicitation upon an agreement or understanding for a commission, percentage, brokerage or contingent fee ( Commission ). The Lottery may terminate the Agreement for cause pursuant to Section 24.1 of Attachment A hereto for breach or violation of this warranty, and will deduct from sums owed under the Agreement or otherwise recover the amount of any Commission paid in violation of this warranty. Vendors will not induce or attempt to induce any person or entity to submit or not submit a Bid pursuant to this Solicitation. The Lottery may terminate this Agreement for cause pursuant to Section 24.1 of Attachment A hereto for violation of this prohibition Hiring and other Business Relationships with Lottery Staff During the period from Solicitation issuance until execution of an anticipated Agreement pursuant to this Solicitation, Vendors are prohibited from officially or unofficially making any employment offer or proposing any business arrangement whatsoever to any Lottery employee. Violation of this prohibition may result in disqualification from this Solicitation or termination of the Agreement for cause pursuant to Section 24.1 of Attachment A hereof, as applicable. 2.6 SCHEDULE OF EVENTS The following event dates and times are set forth for informational and planning purposes. The Lottery reserves the right to change any of the dates or times. EVENT Solicitation Advertised / Released Questions Submitted in Writing Answers to Questions DUE DATE AND TIME March 1, 2016 Must be received PRIOR TO: March 17, :00 p.m., ET March 24, 2016 APPLICABLE INFORMATION & LOCATION Posted to the Vendor Bid System at: Submit to: Florida Lottery Procurement Management Attention: Kathy Peterson 250 Marriott Drive Tallahassee, FL Fax: (850) purchasing@flalottery.com Posted to the Vendor Bid System at: Florida Lottery Invitation to Bid #052-15/16 Page 5

9 EVENT Sealed Bids Due Bids Opened Notice of Agency Decision posted DUE DATE AND TIME Must be received PRIOR TO: April 5, :00 p.m., ET April 5, :30 p.m., ET To Be Determined APPLICABLE INFORMATION & LOCATION Submit to: Florida Lottery Procurement Management Attention: Kathy Peterson 250 Marriott Drive Tallahassee, FL PUBLIC MEETING Florida Lottery 250 Marriott Drive Tallahassee, Florida Posted to the Vendor Bid System at: ADDENDA OR NOTICES Any addenda or notices for this Solicitation will be posted on the State of Florida, Vendor Bid System (VBS). Potential Vendors must monitor the website for addenda and notices issued relating to this Solicitation. 2.8 VENDOR QUESTIONS Vendors may submit written questions or requests for clarification regarding the Solicitation terms, conditions, requirements, and Bid submission as described in this section. Questions or requests for clarification or changes to the Solicitation must be received, in writing (mailed, hand-delivered, faxed, or ed), by the Issuing Officer by the time indicated in Section 2.6: Schedule of Events. Oral questions or those submitted after the period specified in the Schedule of Events will not be addressed. Answers to questions submitted in accordance with the Solicitation Schedule of Events will be issued as an addendum to the Solicitation. Vendors should not disclose cost information in Solicitation questions as this may result in disqualification of the Bid. 2.9 PUBLIC RECORD REQUESTS Public records requests submitted by Vendors will be answered as promptly as possible in the ordinary course of business. Florida Lottery Invitation to Bid #052-15/16 Page 6

10 2.10 PROTESTS Any person adversely affected who disputes the reasonableness or appropriateness of the terms, conditions, specifications and/or processes of this Solicitation or any subsequent addenda must, pursuant to Section , Florida Statutes, file a formal written protest in appropriate form within seventy-two hours, excluding State holidays, Saturdays, and Sundays, of the posting of the Solicitation or any subsequent addenda. Any Vendor who disputes the Lottery s Notice of Agency Decision must, pursuant to Section , Florida Statutes, file a formal written protest in appropriate form within seventy-two hours, excluding State holidays, Saturdays, and Sundays, of the posting of the Notice of Agency Decision. Any Vendor filing a formal written protest must, at the time of filing, post a bond, payable to the Lottery, in the amount of one percent of the estimated Agreement value as set forth in Section (2)(c), Florida Statutes. The Lottery will estimate the Agreement value for this purpose. Failure to file a formal written protest accompanied by the required bond within the time prescribed in Section , Florida Statutes, will constitute a waiver of proceedings under Chapter 120, Florida Statutes. All filings must be made with the Agency Clerk only and are considered filed when stamped by the official stamp of the Agency Clerk. It is the responsibility of the filing party to meet all filing deadlines. Agency Clerk Florida Lottery 250 Marriott Drive Tallahassee, Florida Pursuant to Section (3)(f), Florida Statutes, no submissions made after the bid opening which amend or supplement the bid will be considered VENDOR FELONIES, CONVICTED VENDOR LIST, DISCRIMINATORY VENDOR LIST Consistent with Florida Law, no Vendor may submit a Bid or will be awarded an Agreement if any of the following conditions exist: 1. The Vendor or any of its officers, directors, joint venturers, partners, or trustees have been convicted of, or entered a plea of guilty or nolo contendere to a felony committed in the preceding ten years, regardless of adjudication, unless the Lottery determines that: (i) the Vendor (or such an individual) has been pardoned or the Vendor s (such individual s) civil rights have been restored; (ii) subsequent to such conviction or entry of plea, Vendor (or such an individual) has engaged in the kind of law-abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery; or, (iii) if the Vendor is not an individual, the Vendor has terminated its relationship with the individual whose actions directly contributed to Vendor s conviction or entry of a plea. Florida Lottery Invitation to Bid #052-15/16 Page 7

11 2. Vendor s name appears on the convicted or discriminatory vendor lists maintained by the State of Florida, Department of Management Services in accordance with Sections and , Florida Statutes. 3. An entity, person or affiliate who has been placed on the discriminatory vendor list or the convicted vendor list following a conviction for a public entity crime may not: submit a bid, proposal, or reply for an agreement to provide any goods or services to a public entity; submit a bid, proposal, or reply for an agreement with a public entity for the construction or repair of a public building or public work; submit a bid, proposal, or reply on leases of real property to a public entity; be awarded or perform work as a contractor, supplier, subcontractor, or consultant under an agreement with any public entity; transact business with any public entity, if on the discriminatory vendor list; or transact business with any public entity in excess of the threshold amount provided in Section for Category Two for a period of 36 months following the date of being placed on the convicted vendor list. 4. No company on the Scrutinized Companies with Activities in Sudan List; the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or are engaged in business operations in Cuba or Syria may submit a Reply for or enter into an Agreement with an agency for goods or services of $1,000,000 or more. In submitting a response to this Solicitation, the Vendor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and is not engaged in business operations in Cuba or Syria. If a Vendor submits a false certification, its Reply may be deemed nonresponsive and any Agreement subsequently entered into with the Lottery may be terminated by the Lottery. Vendor represents and warrants that it will promptly notify the Lottery if it is placed on the convicted vendor list, the discriminatory vendor list or the scrutinized companies list during this procurement process or Agreement term COSTS ASSOCIATED WITH BID Neither the Lottery, nor the State of Florida, will be liable for any costs or liabilities incurred by a Vendor in preparing or submitting a Bid, including, but not limited to preparation, copying, postage, travel, samples, delivery fees, lodging, attorney s fees and other expenses that may be required by this Solicitation PERSONS REQUIRING SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at any public meeting relating to this Solicitation because of a disability, should contact the Issuing Officer identified in Section 2.4, or use the Florida Relay Service at (TTY), at least forty-eight hours prior to the scheduled meeting. Florida Lottery Invitation to Bid #052-15/16 Page 8

12 2.14 BID RECEIPT AND OPENING Bids must be sent or delivered to the Florida Lottery, Procurement Management Office, 250 Marriott Drive, Tallahassee, Florida The State of Florida, Florida Lottery date and time stamp will be the official recorded time of receipt. Electronic Bids or submissions will not be accepted. The Issuing Officer must receive Bids (mailed or hand-delivered) pursuant to this Solicitation no later than the date and time shown in the Section 2.6: Schedule of Events. Failure of a Vendor to submit its Bid by the specified date and time will result in rejection of the Bid, unless the Lottery determines, in its sole discretion, that the failure to timely submit the Bid is a result of circumstances beyond the control of the Vendor. Bids that are rejected for being late will be retained by the Lottery. The public may attend the Bid opening, at which time the bids will be opened, the names of the responding Vendors read aloud and recorded; however, pursuant to , Florida Statutes, the public may not immediately review any submitted Bid DISCLOSURE AND OWNERSHIP OF BID CONTENTS BY THE LOTTERY All matters set forth in a Vendor's Bid including, without limitation, administrative, proposed commodities/services and cost information, will be subject to disclosure after Solicitation award, except as addressed within Attachment A: Special Terms and Conditions. All information in a Vendor's Bid and any Agreement resulting from this Solicitation are subject to the provisions of Florida s Public Records law, Chapter 119, Florida Statutes, regardless of copyright status. Any and all materials submitted become the property of the Lottery. The Lottery reserves the right to use any and all information contained in a Bid, including the Bid of an unsuccessful Vendor, unless prohibited by law WITHDRAWAL FROM CONSIDERATION Vendors may request withdrawal of a Bid in writing. The Lottery may grant requests received in accordance with this provision upon proof of impossibility to perform which is based upon an error. The Lottery may deem the Vendor s Bid withdrawn for the Vendor s failure to respond or submit matters in the time periods given and the form required by this Solicitation. Bids removed from consideration will be retained by the Lottery CLARIFICATION PROCESS The Lottery may request clarifications from Vendors for the purpose of resolving ambiguities or questioning information presented in the Bids. Written clarification responses must address only the information requested and must be submitted to the Lottery within the period stated in the Lottery s request. In no case does the clarification process permit revision or supplementation of the Bids after their submission. Florida Lottery Invitation to Bid #052-15/16 Page 9

13 2.18 NON-RESPONSIVE BIDS Each Vendor must submit a Bid that meets all material requirements of this Solicitation. Material requirements of this Solicitation are (a) those set forth as mandatory, (b) those without which an adequate analysis and comparison of Bids is impossible, (c) those that affect the competitiveness of Bids or (d) those that affect the cost to the Lottery. Vendors must unconditionally accept each and every provision of this Solicitation, including but not limited to the Terms and Conditions in Attachment A: Special Terms and Conditions, in order to be deemed responsive and eligible. Bids will be rejected as non-responsive as follows: (a) if they do not meet all material requirements of this Solicitation; (b) if they fail to provide all required information, documents or materials, and (c) if they include language that is conditional, takes exception to or is contrary to the terms, conditions, and requirements of the Solicitation. The Lottery reserves the right to determine, in its sole discretion, whether a Bid meets the material requirements of the Solicitation. The Florida Lottery reserves the right to waive any minor irregularity, technicality, or omission if the Florida Lottery determines that doing so will serve the State s best interests DISQUALIFICATION FOR NON-RESPONSIBILITY Business stability and wherewithal to perform and support the Lottery are required. A Vendor will be rejected as non-responsible if, in the Lottery s judgment after review of the documents submitted in response to this Solicitation, it does not possess the capability to perform the Agreement or has a conflict of interest in serving the Florida Lottery or fails to demonstrate sufficient responsibility, security, integrity, and reliability to assure good faith performance IDENTICAL TIE BIDS In the case of an exact tie Bid, the award will be resolved in accordance with Section (4), Florida Statutes, and Rule 60A-1.011, Florida Administrative Code, which may include certification that a drug-free workplace has been implemented FLORIDA BASED BUSINESS PREFERENCE This Solicitation is subject to the provisions of Sections and , Florida Statutes, whereby Vendors with a Principal Place of Business in Florida receive preference in the award of an Agreement under certain circumstances ACCEPTANCE OR REJECTION OF BIDS The Lottery reserves the right, at its sole discretion and at any time during the Solicitation process, to accept or reject any or all Bids or separable portions thereof; to re-solicit for new Bids; to abandon the need for such commodities and services or to award in whole or in part as deemed by the Lottery to be in its best interests. The Lottery may reject any Bid not submitted in the manner specified by this Solicitation. Florida Lottery Invitation to Bid #052-15/16 Page 10

14 2.23 NOTICE OF AGENCY DECISION Pending successful completion of the financial review and background investigations pursuant to Sections 3.2 and 3.3 of this Solicitation, award will be made to the Apparent Successful Vendor(s) submitting the lowest total average unit cost and meeting all Bid specifications and requirements. If after the financial review and/or background investigation the Lottery determines in its sole discretion that the Apparent Successful Vendor is not a Responsible Vendor, the Lottery will disqualify the Apparent Successful Vendor and consider the next Vendor with the lowest Bid. At the conclusion of Bid process, the Lottery will issue a Notice of Agency Decision which will be posted on the state s Vendor Bid System CONTRACTING OFFICER The Contracting Officer will act on the Lottery s behalf for contractual matters. The Contracting Officer is: Thomas R. Delacenserie, Secretary Florida Lottery 250 Marriott Drive Tallahassee, Florida END OF SECTION Florida Lottery Invitation to Bid #052-15/16 Page 11

15 PART 3: PREPARING & SUBMITTING BIDS 3.1 BID FORMAT a. Bids must be submitted in a sealed envelope or container; b. The Lottery is not responsible for the opening of any envelope or container which is not properly marked on the outside as follows: Project Number: /16 Due: 3:00 PM ET Date: April 5, 2016 (Insert) Vendor Name c. Each Bid must contain originals of all documents required to be submitted by this Solicitation. d. Bids and Addenda must contain the original signature of an Authorized Representative. If the Authorized Representative delegates signature authority, then the Vendor must provide a notarized statement identifying the representative who has the authority to legally bind the Vendor in a contractual obligation. e. The Vendor must ensure that its Bid submission is delivered timely and to the proper place as required in the Solicitation. f. Samples: Vendors must submit a sample of each item in a group for which a Bid is submitted along with the Bid. Samples must adhere to the specifications provided in Attachment B. The Visual Examples (pictures) of each item in Attachment B have been provided to assist Vendors in preparing their Bid. The samples need not be customized with Lottery brand logo or wordmark. Vendors which fail to submit samples of all items in the group(s), in which they are bidding, that do not meet the will be deemed non-responsive and disqualified. Samples that do not meet the objectives in Section 2.1 will not be considered further. Samples will not be returned to the Vendor. g. Vendors must submit pricing data in the formats specified in this Solicitation. h. Vendors must submit customer references as specified in this Solicitation. i. Vendors with a Principal Place of Business outside of the State of Florida must include in their Bids a written opinion signed by an attorney-at-law licensed to practice law in that state, as to the preferences, if any or none, granted by the law of that state to business entities domiciled within its state boundaries. The written opinion must detail with specificity the type of preference, how it is applied and circumstances when it is applicable. j. The Certification of a Drug Free Workplace form should be executed by the Vendor and returned with the Bid, in order to be considered in the event of an exact tie Bid. k. Acknowledgement of Addendum: The Addendum Acknowledgement form included with each addendum issued by the Lottery must be executed by the Vendor s Authorized Representative and should be returned with the Bid. Written acknowledgement of all addenda issued prior to the Solicitation due date will become part of each Vendor s Bid. Florida Lottery Invitation to Bid #052-15/16 Page 12

16 l. Respect of Florida: The Florida Lottery is committed to maximizing employment opportunities for individuals throughout this State who are blind or otherwise qualify as handicapped under Chapter 413, Florida Statutes, and for such individuals to increase their independence and self-sufficiency. To further the Lottery s commitment in this regard and to ensure that RESPECT of Florida is afforded the opportunity to provide commodities and/or contractual services necessary for the Contractor to perform its contractual obligations, Vendors must execute the RESPECT of Florida Agreement Terms and should submit with their Reply. m. Vendors must provide a listing of all subcontractors with their Bid submission Binding Bids/Tenure Bids are binding upon submission and throughout the term of the Agreement with the Contractor. However, should the Contractor be in default at any time, the Lottery may terminate the Agreement for cause pursuant to Section 24.1 of Attachment A and contract with the next eligible Vendor pursuant to Rule 60A , Florida Administrative Code. Therefore, a Vendor s Bid prices on Attachment D are valid for the term of the Agreement References 3.2 FINANCIAL REVIEW Vendors must provide, at a minimum, references for three clients to whom they have provided commodities and services of similar project size and scope within the past two years, including, but not limited to, efficient statewide delivery, in accordance with Attachment E. All references must be verifiable and consist of current or former clients of the responding Vendor. The Lottery may not be submitted as a current or former client reference. The Lottery will not accept subcontractor, proposed personnel or personal references of a member of the responding Vendor as a substitute for Vendor references. The Lottery will attempt to verify references of the successful Vendor once via telephone and/or . If the reference does not reply to the Lottery within seventy-two hours of the Lottery s initial phone call and/or request, exclusive of weekends and State holidays, then the reference will be deemed unverified. Vendor Bids with two or more unverified references will be rejected. Vendor references which result in one or more unsatisfactory performance ratings will be rejected. In order to qualify as the Successful Vendor, the Apparent Successful Vendor must be determined by the Lottery, in its sole discretion, to be financially capable of providing all commodities and services required in this Solicitation and must demonstrate to the satisfaction of the Lottery that organizational changes affecting the Apparent Successful Vendor will not impede such capability. Financial statements or tax returns must be submitted to the Lottery within the timeframe stipulated by the Lottery at the time of request. Florida Lottery Invitation to Bid #052-15/16 Page 13

17 The Apparent Successful Vendor, and their subcontractors, if any, must provide certified financial statements for the two most recent fiscal years or, if certified financial statements were not prepared, Federal Income Tax Returns for the two most recent fiscal years. Certified financial statements are the result of an audit of the entity's records in accordance with US GAAP or IFRS by an independent certified public accountant (CPA). In order to be considered complete, certified financial statements must be comparative for two years and must include a balance sheet, income statement, statement of cash flows, statement of retained earnings, notes to the financial statements for both years, and any management letters that have been received. Financial statements or tax returns must be in English with reference to currency stated in US Dollars or Euros. The Lottery will only consider certified financial statements or Federal Income Tax Returns in the currency and language specified in this Solicitation. If the Apparent Successful Vendor submits consolidated certified financial statements of its parent corporation or tax returns of its parent corporation, the parent corporation must serve as the financial guarantor and execute the Agreement as guarantor. In this case the parent corporation will be held accountable for all terms and conditions of the Agreement. The Lottery will hold both a Vendor and a financial guarantor jointly and severally responsible for carrying out all activities required by the Agreement. If the laws applicable to the Apparent Successful Vendor or subcontractor are of a country other than the United States and render the Apparent Successful Vendor or subcontractor unable to provide certified financial statements, documents that provide the same level of assurance as certified financial statements must be submitted in lieu thereof. Financial statements or tax returns and other financial information submitted or obtained by the Lottery in connection with this Solicitation are public records and cannot be made confidential. Refer to Attachment A for additional information on confidential Bid materials. Vendors must provide additional financial information as requested by the Lottery in connection with this Solicitation or if awarded, during the term of the resulting Agreement and any renewals thereof Change in Financial Condition The Apparent Successful Vendor has an obligation, to notify the Lottery immediately of any material change in their financial condition or organizational structure which would require disclosure in the annual report of a publicly-traded United States corporation (whether or not the Apparent Successful Vendor is a publicly-traded corporation), including but not limited to the following: a. The Apparent Successful Vendor s inability to pay bills as they become due; b. commencement of voluntary proceedings under title 11 of the United States Code or the corresponding provisions of any successor laws; c. commencement of involuntary proceedings against the Apparent Successful Vendor under title 11 of the United States Code; Florida Lottery Invitation to Bid #052-15/16 Page 14

18 d. appointment by a court of competent jurisdiction of a custodian for all or substantially all of the Apparent Successful Vendor s assets or the Apparent Successful Vendor makes an assignment of all or substantially all of its assets to a custodian (as that term is defined in title 11 of the United States Code or the corresponding provisions of any successor laws); e. a change in the majority ownership of a corporate Apparent Successful Vendor (whether a corporation or an LLC); f. a change in the general partner of a general or limited partnership; g. a merger. Failure to inform the Lottery as required herein may result in disqualification or rejection of Apparent Successful Vendor s bid. 3.3 BACKGROUND INVESTIGATIONS & DISCLOSURES This section contains the disclosure requirements in subsection (2), Florida Statutes, which provides that a Vendor s failure to provide complete, true and accurate information hereunder renders an Agreement unenforceable as a matter of law. The Lottery will conduct background investigations of the Apparent Successful Vendor and their subcontractors, if any in order to determine, in the Lottery s sole discretion, whether the Apparent Successful Vendor has the competence, integrity, financial responsibility, background, and character necessary to provide the commodities and services required by this Solicitation. The commodities and services requested in this Solicitation have a fundamental role in the operation of the Lottery, and full trust in, and cooperation of, Vendors and the Apparent Successful Vendor are essential to the Lottery s integrity and success. For forms in this Section requiring notarization, where the Apparent Successful Vendor is located in a country in which a notary public system does not exist, the signature must be authenticated in customary form according to the laws of that country. The Apparent Successful Vendor must provide to the Lottery within a time to be specified: A. Conflict of Interest and Disclosure Form The Authorized Representative(s) of Apparent Successful Vendor and their Contractors, if any, must complete and submit the information requested on the Conflict of Interest and Disclosure Form, or if no disclosures are necessary select By checking this box, I certify there are no disclosures to make for this section. The Apparent Successful Vendor must identify all active client relationships that would pose a conflict of interest with the Lottery on the Conflict of Interest and Disclosure Form and certify that it will sever its active conflicting client relationship(s) immediately or has done so already in order to remain eligible for consideration. Florida Lottery Invitation to Bid #052-15/16 Page 15

19 In addition, the Apparent Successful Vendor must describe and disclose on an attachment to the Conflict of Interest and Disclosure Form (a) all relationships with any of the parties, persons or entities required to be disclosed on the Conflict of Interest and Disclosure Form which do not yet exist but which the Apparent Successful Vendor is contemplating forming or intends to form during the term of the Agreement, and/or (b) all existing relationships which could be perceived as required to be disclosed on the Conflict of Interest and Disclosure Form but which the Apparent Successful Vendor has not disclosed. B. Disclosure Affidavit Form An authorized corporate officer of the Apparent Successful Vendor must execute a notarized Disclosure Affidavit. Additionally, if the Apparent Successful Vendor is not the financial guarantor of a resulting Agreement, an authorized corporate officer of the financial guarantor must also execute a notarized Disclosure Affidavit. C. Vendor Personal Profile Form The Lottery, will notify the Apparent Successful Vendor, of individuals who must complete a notarized Vendor Personal Profile Form and obtain a fingerprint card. A date for submission of these forms will be provided. Failure of the Apparent Successful Vendor to complete and return all of the requested Vendor Personal Profile Forms by the date established by the Lottery may cause the Bid to be found non-responsive. D. Chart of Corporate/Business Ownership 3.4 BID SHEET The Apparent Successful Vendor and their subcontractors, if any, must provide an accurate and current Chart of Corporate/Business Ownership, including all parent company(s) and subsidiary companies, so that the complete corporate structure of the organization which the Vendor belongs to, including the ultimate ownership, is shown. Vendors must submit pricing for all quantity ranges in the item group(s) that the Vendor is submitting a Bid for, as specified in Attachment D. A Vendor will be found non-responsive if it does not submit a Bid for all quantity ranges in the item group(s) that the Vendor is submitting a Bid for. Vendors must submit pricing on the Bid Price Sheet (Attachment D). Vendor generated price sheets or catalog pages will not be accepted. Pricing must include all artwork, set up, packaging, processing and delivery costs. No remuneration is available to the Vendor beyond the cost Bid for this Agreement. Costs agreed to in the Agreement will be firm and remain constant throughout the life of the Agreement. Vendors will be strictly held to the costs of their Bid. The contents of this Solicitation and the Bid will become contractual obligations, if an Agreement ensues. END OF SECTION Florida Lottery Invitation to Bid #052-15/16 Page 16

20 Attachment A Special Terms and Conditions 1. INTRODUCTION This Attachment sets forth the Special Terms and Conditions unique to this Solicitation. The terms and conditions applicable to Lottery solicitations in general are set forth in the Lottery s Mandatory Requirements of Agreement (MRA), located on the Library of Procurement Information and Standard Forms. By submission of a Bid, the Vendor agrees to the terms and conditions contained herein and in the MRA. 2. ITEM SPECIFICATIONS Refer to Attachment B-Specifications and Examples, for item specifications. 3. ORDER OF PRECEDENCE The Agreement resulting from this Solicitation will consist of the following documents, if an Agreement ensues. In the event any of these documents conflict, the conflict will be resolved in the following order of priority (highest to lowest): 1. The Agreement between the successful Vendor and the Lottery. 2. ITB #052-15/16 (this Solicitation) and Attachments, including: a. Library of Procurement Information and Standard Forms Mandatory Requirements of Agreement Respect of Florida Agreement Terms Vendor Diversity Agreement Terms Disclosure Affidavit RESPECT of Florida Certification of Consultation Vendor Personal Profile Form Certification of a Drug Free Workplace b. Addenda, including questions and answers, issued by the Lottery, if applicable. c. Other solicitation documents, issued by the Lottery, related to this Solicitation. 3. The Vendor s completed and executed Bid. 4. TERM OF AGREEMENT & RENEWAL OPTIONS The initial term of the Agreement resulting from this Solicitation will be from the date of execution, or a mutually agreed upon date, for a period of five years, unless terminated earlier by the Lottery under the terms provided herein. Florida Lottery Invitation to Bid # /16 Page 1

21 Attachment A Special Terms and Conditions 4.1 Renewal, Extension, and /or Emergency Procurement: The Lottery reserves the right, at its sole option, to renew the Agreement resulting from this Solicitation for a period not to exceed five years. Agreement Renewals may be for the complete term (e.g., one renewal for five years), may be divided into increments (e.g., five one-year renewals), or may be a combination thereof (e.g., one three-year renewal followed by one two-year renewal). Any renewal, extension, or emergency procurement of the resulting Agreement must be in writing and executed prior to expiration of the current term of the Agreement or extension thereof as applicable. Agreement renewals, extensions, and emergency procurements are contingent upon the availability of funds and the Contractor s satisfactory performance as determined by the Lottery. The Contractor may request an increase in compensation for renewal periods only. Any price increase requested and approved will not affect any quantities on order and not yet received. The request must be supported by documentation acceptable to the Lottery demonstrating that the Contractor s cost of providing the item has increased by at least the percentage of the requested increase. In no case will the Lottery approve a request to increase bid prices that are higher than the percentage increase in the Bureau of Labor Statistics Consumer Price Index during the corresponding period. If, at any time, the Agreement is canceled, terminated, or expires, and an agreement is subsequently executed with a Vendor other than the current Contractor, the current Contractor has the affirmative obligation to assist in the smooth transition of Agreement services to the subsequent Contractor. 5. FUNDING SOURCES Payment may be made by a non-governmental third-party company on behalf of the Florida Lottery. The Contractor will be required to submit all requested Vendor information forms and a substitute W-9 to the third-party provider prior to issuance of an order. Payments made by a third-party provider are subject to state and federal tax requirements. Invoices must be submitted in accordance with Subsection 1 of the Invoices and Payment to Contractor Section of the Lottery s Mandatory Requirements of Agreement. Florida Lottery Invitation to Bid # /16 Page 2

22 Attachment A Special Terms and Conditions 6. CONTRACTOR RESPONSIBILITY The Lottery will consider the Contractor to be the sole point of contact with regard to Agreement matters. The Contractor will assume sole responsibility for providing the services and/or commodities required by the Agreement, whether or not the Contractor is the direct supplier of said service, commodity, or any component thereof. Upon execution of the Agreement, the Contractor s Account Manager will be the Lottery s sole point of contact for all matters pertaining to the Agreement. 6.1 Quality of Work and Services: Notwithstanding "prior approval" requirements that may be reserved to the Lottery under the Agreement, the Contractor retains the ultimate responsibility to ensure and guarantee the quality of work and services to be provided under the Agreement. The Contractor is fully and solely responsible for performing and completing the services specified herein to the satisfaction of the Lottery. 6.2 Personnel: If, during the course of the Agreement, the Lottery reasonably determines that certain Contractor personnel are unable or fail to perform their duties in a competent and professional manner, the Lottery will notify the Contractor in writing of its determination. The Contractor will remove said personnel from the Lottery account and will assign replacement personnel acceptable to the Lottery. 7. OWNERSHIP OF MATERIALS Ownership of all data, documentary material, copy, creative, video, audio and operating reports originated and prepared exclusively for the Lottery pursuant to any Agreement will belong to the Lottery, unless otherwise agreed to in writing by the Lottery. 7.1 Patents, Copyrights & Trademarks: Any and all patents, copyrights or trademarks accruing under or in connection with the performance under the Agreement are hereby exclusively reserved to the State of Florida, Department of the Lottery. Florida Lottery Invitation to Bid # /16 Page 3

23 Attachment A Special Terms and Conditions 7.2 Title to, Use of, and Compensation for, Intellectual Property: For purposes of this Agreement, the term Intellectual Property Rights refers to any rights with respect to inventions, discoveries, or improvements, including patents, patent applications and certificates of invention; trade secrets, know-how, or similar rights; the protection of works of authorship or expression, including copyrights and future copyrights; and trademarks, service marks, logos, and trade dress; and similar rights under any laws or international conventions throughout the world, including the right to apply for registrations, certificates, or renewals with respect thereto, and the rights to prosecute, enforce and obtain damages. To the extent that the Contractor utilizes or relies upon the Intellectual Property Rights of a third party in fulfilling its obligations under the Agreement, the Contractor will notify the Lottery of such reliance in writing and provide the Lottery with whatever assurance the Lottery deems necessary to ensure that the use of such third party Intellectual Property Rights is permissible. Any Intellectual Property owned by or licensed to the Contractor prior to entering into this Agreement which is used in carrying out the Contractor s obligations under this Agreement will remain the property of the Contractor or the Contractor s licensor. The Contractor will grant the Lottery an appropriate, royalty-free user license to such Intellectual Property on an indefinite basis with respect to Lottery conduct of games. Third-party proprietary software and related documentation must be sublicensed to the Lottery on a royalty-free basis. 7.3 Clearances, Releases, Waivers, Agreements and Licenses: The Contractor is solely responsible at its own expense for carrying out trademark, trade name, service mark, house mark, copyright, slogan and /or logo (collectively referred as mark ) searches on materials which are to be used as an element in the matters delivered to the Lottery pursuant to this Agreement prior to their use. The Contractor is solely responsible, at its own expense, for securing any necessary, rights, clearances, releases, waivers, contracts and/or licenses prior to the use, printing and/or publication of any and all elements used in carrying out the Contractor s obligations under this Agreement, including but not limited to third-party intellectual property, names, likenesses, testimonials, scripts, musical compositions, creative and/or similar materials, elements, or rights embodied or to be embodied in materials developed, provided, used or prepared by the Contractor under the Agreement. Florida Lottery Invitation to Bid # /16 Page 4

24 Attachment A Special Terms and Conditions These responsibilities continue throughout the Agreement term and any extensions. The Contractor must provide the Lottery with a written assessment of all searches upon request. The Contractor must also deliver to the Lottery, immediately upon request, written documentation evidencing (a) the Contractor s exclusive ownership rights, or (b) its licensed rights as set forth above. 8. QUANTITIES/ORDERS/COMPENSATION Orders will be placed by the Lottery on an as-needed basis. Upon placement of an order with the Contractor(s) for an item(s) in their awarded group, compensation will be based upon the unit cost bid for the quantity range applicable to the order. The exact quantity and distribution for each item will be sent to the Contractor with each order. The Lottery reserves the right to reorder promotional items at any time during the term of the Agreement resulting from this solicitation at the prices established in Attachment D: Bid Price Sheet. The Lottery reserves the right to inspect shipments after delivery and to reject any incomplete orders or items which are determined to be defective, of inferior craftsmanship or not in compliance with these specifications as to quality or quantity. If during the life of the Agreement, due to circumstances beyond the Contractor s control, the Contractor is no longer able to supply an item, the Lottery reserves the right to order a replacement item that meets or exceeds the Solicitation specifications, from the Contractor at the same price quoted for that item. If the Contractor does not have a replacement item, the Lottery reserves the right to go to the next lowest responsive responsible vendor, for that item. 9. OVERRUNS / UNDERRUNS Under-runs are not acceptable. Over-runs will only be accepted if approved in writing, in advance by the Lottery contract manager at no additional charge. This includes any penalty fees, shipping fees or unit add-on costs. 10. ARTWORK Artwork will be provided to the Contractor electronically by the Lottery upon placement of each order as outlined in Attachment A, Section 8. The Contractor must adhere to the Quick Reference Guide for Florida Lottery Brandmark Logo and Wordmark. Art files will be uploaded in Illustrator CC file format. Files can be sent in CS6 format upon request. The Contractor must confirm receipt of artwork files within 1 business day to the Lottery. Florida Lottery Invitation to Bid # /16 Page 5

25 Attachment A Special Terms and Conditions 10.1 Pre-Production Proofs 11. DELIVERY The Contractor must obtain approval from the Lottery Graphics Department prior to production and delivery of items as described herein. Delivery and payment of unit items not receiving final artwork approval from Lottery Graphics Department and authorization to begin production may be rejected. Liquidated damages may be assessed pursuant to Attachment A, Section 22. a. The Contractor will provide PDF proofs via within two business days of receipt of art files. The PDF proofs are to be sent via to Everett Williams at williamse@flalottery.com, Natalie Williams at williamsn@flalottery.com, Graphics, and Lottery Contract Manager via for their review and approval. The Lottery s Graphics Department will notify the Contractor of their approval within three business days. If a PDF proof is rejected by the Lottery Graphics Department due to Contractor error, then the Contractor must provide corrected proofs within one business day. b. After PDF proofs have been approved, pre-production color samples must be received by the Lottery Graphics department within seven business days of receipt of art files. ed photographs of pre-production samples will not be accepted. If a preproduction sample is rejected by the Lottery Graphics Department due to Contractor error, then the Contractor must provide corrected samples within three business days. If changes are made at the request of the Lottery after submission of the Contractor s pre-production sample, then the Contractor may apply an additional art set up fee, as approved by the Lottery. See Attachment C for the Delivery Locations. Complete delivery to all locations must be made within 60 days upon the Lottery s written notification of pre-production sample approval and authorization to begin production, unless prior written approval from the Lottery. If unable to meet the delivery deadline, the Contractor must contact the Lottery Contract Manager prior to the scheduled delivery date. Partial shipments, prior to the scheduled delivery date, are acceptable at no additional cost to the Lottery. Florida Lottery Invitation to Bid # /16 Page 6

26 Attachment A Special Terms and Conditions Deliveries will be accepted Monday through Friday, with the exception of state-recognized holidays, between the hours of 9 a.m. and 4 p.m., EST; with the exception of the Pensacola District Office. Deliveries to the Pensacola District Office will be accepted Monday through Friday, with the exception of state recognized holidays, between the hours of 7:30 a.m., and 4 p.m. CST. If the required delivery day falls on a weekend or state holiday, the delivery date will be the next business day Inside Delivery: 12. PACKAGING Inside warehouse door delivery is required for all shipments. Not all district office locations have raised loading docks. The Contractor will be responsible for taking all measures to ensure delivery as required herein, including, but not limited to, the following, where applicable: 1. require freight carriers to have lift-gate capabilities; 2. deliver boxes on standard GMA double-entry pallets; 3. mark waybills with INSIDE DELIVERY REQUIRED; 4. require delivery drivers to unload all shipments; and 5. ensure that the necessary tools or equipment required to unload pallets or boxes is on-hand. Lottery employees will not be responsible for unloading shipments. The Lottery reserves the right to reject a delivery should inside delivery not be in accordance with these terms. The Contractor accepts full responsibility for rejected deliveries, and timely redeliveries in accordance with these terms. A precise description of the contents of any container/ boxes used to deliver orders, including quantity, must be printed on all four sides of the boxes. Single boxes may not exceed forty pounds weight. Items must be packed in cartons and in a way to prevent damage. Items which are damaged due to improper packaging will be rejected and replaced at the Contractors expense. 13. INSPECTION AND ACCEPTANCE The Lottery reserves the right to inspect shipments within 60 days after delivery and to reject any items which are defective, of inferior craftsmanship or otherwise not in compliance with the requirements of the resulting Agreement. If the Lottery determines that at least two percent of an order is not acceptable, then the entire order may be rejected, and the order may be cancelled. Florida Lottery Invitation to Bid # /16 Page 7

27 Attachment A Special Terms and Conditions The Contractor is responsible for rejected items, including their pick-up and the production of and redelivery of acceptable items pursuant to the applicable order, as specified by the Lottery. Payment will only be made for items accepted by the Lottery. 14. ADVERTISING All advertising must be approved by the Lottery prior to release Commercial Advertising: The Contractor will not use its relationship with the Lottery, the Agreement, or the results therefrom as a part of any commercial advertising without prior written consent of the Lottery Lottery Name and Logo: The Contractor will not use the name of the Lottery, any logo or any promotional materials identifying the Lottery without the prior written permission of the Lottery News Releases: The Lottery is the only entity authorized to issue news releases relating to the resulting Agreement. The Contractor may request authorization to issue news releases from the Lottery Secretary or designee Nondisclosure of Lottery s Plans: The Contractor must use its best efforts to ensure that the details of any games or other advertising plans planned by the Lottery are not disclosed to persons or organizations other than the personnel, agents, or Subcontractors of the Contractor whose assistance in the production of the game is necessary, until the Lottery announces same. Florida Lottery Invitation to Bid # /16 Page 8

28 Attachment A Special Terms and Conditions 15. MYFLORIDAMARKETPLACE 15.1 Contractor Registration: Each Contractor doing business with the State for the sale of commodities or contractual services as defined in section , Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.030(3), Florida Administrative Code (FAC). Information about the registration process is available, and registration may be completed, at the MyFloridaMarketPlace website (link under Business on the State portal at Interested persons lacking Internet access may request assistance from the MyFloridaMarketPlace Customer Service at 866-FLA-EPRO ( ) or from State Purchasing, 4050 Esplanade Drive, Suite 300, Tallahassee, Florida, Transaction Fee: The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eprocurement system. Pursuant to Subsection (23), Florida Statutes, all payments will be assessed a Transaction Fee of one percent, which the Contractor will pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee will, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor will pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code (FAC). By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee. The Contractor will receive a credit for any Transaction Fee paid by the Contractor for the purchase of any items if such items are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is nonrefundable when an item is rejected or returned, or declined, due to the Contractor s failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements will constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. Contractors delinquent in paying transaction fees may be excluded from conducting future business with the State. Florida Lottery Invitation to Bid # /16 Page 9

29 Attachment A Special Terms and Conditions 16. PERFORMANCE BOND At no cost to the Lottery, the Contractor will be required at the time of execution of the Agreement, to post with the Lottery a performance bond, cashier s check, or other security acceptable to the Lottery in an amount determined by the Lottery. The Lottery desires a bond that is not required to be renewed during the term of the contract but which is effective immediately for the entire term of the Agreement. The performance bond or other security is to secure the Contractor s performance of the Agreement and must be maintained throughout the Agreement term. It may be renewed annually or on another schedule; however, in such case the Contractor must provide proof of renewal to the Lottery no later than twenty days prior to lapse of coverage. Unless a claim is made against the bond, it will be returned to the Contractor following expiration of the Agreement. Failure of the Contractor to provide proof of renewal of the performance bond prior to lapse of coverage will result in all pending payments being delayed until an acceptable bond is received and may result in Liquidated Damages. 17. INSURANCE During the Agreement term, the Contractor at its sole expense will provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request of the Lottery, the Contractor will provide certification of insurance. Time limits of coverage under each policy maintained by the Contractor will not be interpreted as limiting the Contractor s liability and obligations under the Agreement. All insurance policies will be through insurers authorized or eligible to write policies in Florida. 18. VENDOR DIVERSITY INITIATIVES The State of Florida is committed to supporting its diverse population by providing increased opportunity and diversity in State contracting processes. At a minimum the Contractor will commit to implementing business operations that give consideration to minority, veteran, and womenowned business enterprises in all subcontracting opportunities as well as routine acquisitions, supporting day-to-day operations in fulfilling the Vendor Diversity Agreement Terms required by the resulting Agreement. The Contractor will also provide monthly and/or quarterly reports of expenditures and projected expenditures to minority, veteran, and women-owned businesses. 19. ADDITIONAL FINANCIAL INFORMATION AND BACKGROUND INVESTIGATIONS The Lottery reserves the right throughout the term of the Agreement, to conduct background investigations pursuant to chapter 24, Florida Statutes and as set forth above on any officer, principal, investor, owner, employee, or any other associate of the Contractor it deems appropriate. Florida Lottery Invitation to Bid # /16 Page 10

30 Attachment A Special Terms and Conditions Within thirty days of execution of the Agreement, all key personnel performing services to carry out the Agreement, and as designated by the Lottery, must undergo a background investigation by the Division of Security. Each designated individual will be fingerprinted and will be required to complete and provide to the Lottery a background investigation form. The Contractor must provide additional financial information as requested by the Lottery during the term of the resulting Agreement and any renewals thereof. 20. CHANGE IN FINANCIAL CONDITION The Contractor has an obligation, continuing through the term of any Agreement with the Lottery, to notify the Lottery immediately of any material change in their financial condition or organizational structure which would require disclosure in the annual report of a publicly-traded United States corporation (whether or not the Vendor is a publicly-traded corporation), including but not limited to the following: a. the Contractor s inability to pay bills as they become due; b. commencement of voluntary proceedings under title 11 of the United States Code or the corresponding provisions of any successor laws; c. commencement of involuntary proceedings against the Contractor under title 11 of the United States Code; d. appointment by a court of competent jurisdiction of a custodian for all or substantially all of the Contractor s assets or the Contractor makes an assignment of all or substantially all of its assets to a custodian (as that term is defined in title 11 of the United States Code or the corresponding provisions of any successor laws); e. a change in the majority ownership of a corporate Contractor (whether a corporation or an LLC); f. a change in the general partner of a general or limited partnership; or g. a merger. Failure to inform the Lottery as required herein may result in termination of the Agreement. 21. CONFIDENTIAL INFORMATION Any information relating to the products, customers, business, marketing plans and policies of the Lottery or its affiliates, which is supplied to the Contractor by or at the direction of the Lottery, acquired by the Contractor in the course of providing services to the Lottery or developed by the Contractor in carrying out the Contractor s duties under the Agreement, will be deemed to be confidential and proprietary information of the Lottery and the exclusive property of the Lottery. Florida Lottery Invitation to Bid # /16 Page 11

31 Attachment A Special Terms and Conditions Confidential Information does not include information that (a) is or becomes generally- known to the public through no breach of the Agreement by Contractor; (b) was already known to the Contractor prior to its disclosure under the Agreement; (c) was lawfully received by Contractor from a third party; (d) was independently developed by Contractor; or (e) is required by any applicable law, regulation, or court order to be disclosed by the Contractor to any governmental, regulatory, or judicial body, in which event Contractor must provide the Lottery with advance written notice of the requirement or order to permit the Lottery to seek a protective order against such disclosure. 22. FINANCIAL CONSEQUENCES AND/OR LIQUIDATED DAMAGES Due to the difficulty in determining the amount of damages that would result from a failure of performance under this Agreement, the Lottery may require the Contractor to pay, as fixed and agreed liquidated damages, the following sums of money in the event of a breach of the following terms of the Agreement. These elements of liquidated damages are not mutually exclusive and more than one may apply in a given situation. Payment will be reduced as stated below; multiple consequences may apply: a. By Unit Cost plus 1% for each 100 with unclear or smeared (not dry) ink patterns; b. By Unit Cost plus 3% for each day of delayed shipment; c. By Unit Cost plus 1% for incorrect quantities delivered to shipping locations; d. By Unit Cost plus 1% for each day of delay in pre-production color proofs; e. By Unit Cost plus 1% for each items deemed defective, damaged, inferior craftsmanship but less than 2.5% of entire order for that item; f. By $100 for each day the Contractor fails to maintain an active performance bond, after lapse of coverage; g. By $100 for each day the Contractor fails to provide a preproduction sample; or h. If untimely performance results in the Lottery losing sales or having insufficient products for events, the Contractor will be assessed $5,000 per event promotion. The Florida Lottery reserves the right to deduct assessments of liquidated damages from pending invoices submitted by the Contractor. Additionally, the Lottery may deem the Contractor ineligible for consideration in future solicitations, due to poor performance on previous orders even though they may be the lowest quote on a given project. 23. INDEMNIFICATION The Contractor agrees to defend, indemnify, and hold the Lottery harmless from and against any loss resulting from any claim made or brought against the Lottery arising out of the Contractor s performance of the resulting Agreement and: Florida Lottery Invitation to Bid # /16 Page 12

32 Attachment A Special Terms and Conditions a. The Contractor s failure to obtain a required consent of any nature whatsoever; b. The Contractor s contracts with third parties; c. The Contractor s unauthorized use of the name or likeness of any person; d. Allegations of libel, slander, defamation, disparagement, piracy, plagiarism, unfair competition, idea misappropriation, infringement of copyright title, slogan or other property rights and any invasion of the right of privacy; e. Breach of the Contractor s obligations under the Agreement; or f. The Contractor s negligence or willful misconduct. This paragraph, insofar as it applies to work undertaken while the resulting Agreement is in effect, will survive the termination of the Agreement. 24. TERMINATION The Lottery may terminate the resulting Agreement as described in Section 24.1 and 24.2 below. Upon the Contractor s receipt of a Notice of Termination, and except as otherwise specified by the Lottery, the Contractor must: a. Stop work under the resulting Agreement on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for goods, services, or facilities except as may be necessary for completion of such portion of the work under the Agreement that is not terminated; c. To the extent possible under any affected contracts, assign to the Lottery effective on the date of termination and in the manner, at the time and to the extent specified by the Lottery, all of the right, title, and interest of the Contractor in the Contractor s orders affected by the termination ( Third-Party Claims ) so that the Lottery may, in its discretion settle or pay any or all Third Party Claims resulting from the termination and thereby reduce any settlement amount which may be due to the Contractor; d. To the extent not settled pursuant to Subsection c above, and as approved in advance by the Lottery, settles all outstanding liabilities and all claims arising out of the termination. The Lottery's approval or ratification will be final for the purposes of this part; e. Upon payment by the Lottery of all items properly chargeable to the Lottery hereunder, the Contractor must transfer, assign, and make available to the Lottery all property and materials belonging to the Lottery, including all right and claims to any and all reservations, contracts and arrangements regarding the Agreement. No extra compensation is to be paid to the Contractor for its services in connection with any such transfer or assignment. Concurrently with such transfer or assignment, the Lottery will assume the obligations of the Contractor, if any, on all contracts with third parties for such items which cannot be cancelled; f. Upon termination of the Agreement by the Lottery, the Contractor will be deemed to have released and relinquished to the Lottery any and all claims or rights it may otherwise have whether in common law or by statute with respect to all or any part of any unpublished material prepared or created by the Contractor in the course of performing the Agreement; Florida Lottery Invitation to Bid # /16 Page 13

33 Attachment A Special Terms and Conditions g. Complete performance of work which was not terminated by the Lottery; h. Take such action as may be necessary, or as the Lottery may specify, to protect and preserve any property related to the Agreement which is in the possession of the Contractor and in which the Lottery has or may acquire an interest; and i. Return to the Lottery all proprietary materials and associated information which is the property of the Lottery Termination for Cause: The Lottery reserves the right to immediately terminate the Agreement, in whole or part, by providing written notice to the Contractor if the Lottery determines, in its sole discretion that any of the following has occurred: a. The Contractor knowingly furnished any statement, representation, warranty or certification in connection with the Solicitation or the Agreement, which representation is false, deceptive, incorrect, or incomplete; b. The Contractor fails to perform to the Lottery's satisfaction any requirement of the Agreement or defaults in performance of the Agreement; c. The performance of the Agreement is substantially endangered by the action or inaction of the Contractor, or such occurrence can be reasonably anticipated; d. The State enacts a law which removes or restricts the authority or ability of the Lottery to conduct the commodities or services identified in the Solicitation; e. The Contractor's firm or assets are acquired by or combined with another company or concern during the Agreement period; f. The Contractor fails to maintain the standards of financial responsibility, backgrounds, bonds, insurance, character, reputation, or integrity as determined by the Florida Lottery; g. The Contractor is placed on the convicted, suspended discriminatory, or scrutinized vendor lists; or h. The actions or inaction of the Contractor or Contractor's employees pose a threat to the security or integrity of the Lottery. In such an event, the Lottery may terminate the Agreement immediately by telephonic notification followed by written notice. If the Agreement is terminated for cause by the Lottery, the Lottery will be obligated only for the materials actually delivered and accepted or services actually rendered prior to the date of notice of termination, less any liquidated damages or other damages that may be assessed for non-performance. Florida Lottery Invitation to Bid # /16 Page 14

34 Attachment A Special Terms and Conditions 24.2 Termination for Convenience: The Lottery reserves the right to terminate the Agreement or any part of the Agreement at its convenience, with thirty calendar days written notice. The Lottery will incur no liability for goods or services not yet ordered if it terminates for convenience. If the Lottery terminates for convenience after an order for materials or services has been placed, the Contractor will be entitled to compensation upon submission of invoices and proper proof of claim, in that proportion which its services and products were satisfactorily rendered or provided, as well as expenses necessarily incurred in the performance of work up to time of termination Termination by Mutual Agreement: With the written mutual agreement of both parties, the Agreement or any part of the Agreement may be terminated on an agreed date prior to the end of the Agreement period without penalty to either party. 25. TICKET PURCHASES AND PRIZE PAYMENT RESTRICTIONS No officer or employee of any Contractor under contract with the Lottery for a major procurement, as defined in (4), Florida Statutes, no relative living in the same household with such officer or employee, or immediate supervisor of such officer or employee, may purchase a lottery ticket if the officer or employee is involved in the direct provision of goods or services to the Lottery or has access to information made confidential by the Lottery. 26. CHANGE OF SCHEDULES The Lottery reserves the right, in its own best interest, to modify, reject, cancel or stop any and all plans, schedules or work in progress. 27. HOSPITALITY OF GOODS AND SERVICES The Contractor acknowledges the prohibition against acceptance of gifts by Lottery employees, as provided in the paragraph of the Mandatory Requirements of Agreement titled, Ethics Policy: Gifts Prohibited. Consistent with that provision, the Contractor agrees that the acceptance of Hospitality Goods or Services it provides under the Agreement is based on potential use by the Lottery for business development, retailer appreciation, or for the sole purpose of reviewing and auditing a Lottery-sponsored event. Approval of the acceptance and use of Hospitality Goods and Services provided by Contractor is at the discretion of the Lottery, consistent with this provision. Hospitality Good or Services is defined as anything of value including, but not limited to, event tickets, other Florida Lottery Invitation to Bid # /16 Page 15

35 Attachment A Special Terms and Conditions means of admission to events such as passes, hotel accommodations, meals, receptions, or travel. The Contractor must cooperate with the Lottery by furnishing such credentials and other documentation as may reasonably be required by the Lottery for purposes of ensuring that Hospitality Goods or Services are used in a manner consistent with the Agreement and Lottery procedures; and must fully cooperate in any audits conducted by or on behalf of the Lottery regarding the furnishing or use of Hospitality Goods or Services. 28. NON-EXCLUSIVE RIGHTS Nothing in the Solicitation or any Agreement resulting from the Solicitation will preclude the Lottery from purchasing similar goods and/or services from another Contractor should the Lottery determine that such an action would be in its best interest. 29. SUBCONTRACTING The Lottery requires the Contractor to obtain prior written approval from the Lottery before entering into any written subcontracts for the performance of work under the Agreement resulting from this Solicitation. All Subcontractors will also be subject to the investigations required by Section , Florida Statutes. The Lottery has the continuing right throughout the term of the Agreement to disapprove Subcontractors if such disapproval would be in the best interest of the Lottery. The Lottery will have the right to inspect and acquire copies of any documents executed between the Contractor and the Subcontractor. No subcontract that the Contractor enters into with respect to performance under the Agreement will in any way relieve the Contractor of any responsibility for performance under the Agreement. END OF SECTION Florida Lottery Invitation to Bid # /16 Page 16

36 Attachment B Specifications and Visual Examples IMPRINT ARTWORK: Vendors must adhere to the Quick Reference Guides for Florida Lottery Brandmark Logo and Wordmark for guidelines on the Lottery logo. Other imprints/artwork may be used. Imprint Option One: Four color process with a white flash/base. Imprint Option Two: Two spot color with a white flash/base. Imprint Option Three: One spot color with a white flash/base. The above print options 1-3 will be used for quoting of items A-Z. Florida Lottery Invitation to Bid # /16 Page 1

37 Attachment B Specifications and Visual Examples GROUP 1 (A-E): Item A: Clear Tote Bag 12 x 12 x 6 Description: Clear Stadium Tote Clear PVC tote bag with 22" handles. Spot clean/air dry. Meets NFL sizing guidelines. Clear Tote Size: 12 " x 12 " x 6 ". Clear Tote Trim Color: Assorted Imprint Size and Areas: 8 W x 9 H (one side of bag) Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 2

38 Attachment B Specifications and Visual Examples Item B: Tumbler Description: 16 oz. Double walled construction, hot or cold, spill resistant cup with lid. Fits most car drink and cup holders. BPA Free, meets all FDA requirements. Cup Size: 5 H x 2 W. Cup Color: Assorted Imprint Size and Areas: 3 W x 2 H Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 3

39 Attachment B Specifications and Visual Examples Item C: Hat Description: Brushed cotton side panel structured/brass buckle enclosure/8000 stitch count embroidered/front-center/minimum Color: To be specified with placement of order. Imprint Size and Areas: 2"H x 3"L (Front) Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 4

40 Attachment B Specifications and Visual Examples Item D: Insulated Kooler Lunch Bag Description: Lunch Bag 210D Cooler Bag/insulated 6 pack / lunch cooler. Durable 210 denier exterior with a sewn in vinyl liner and is waterproof, BPA Free, and Prop 65 Compliant. Silkscreen/Nylon Lunch Bag Size: 7 3/4 x 6 " x 6 1/2 Color: Assorted Imprint Size and Areas: 4 x 2 ½ Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 5

41 Attachment B Specifications and Visual Examples Item E: Car Windshield Sunshade Description: Foldable/Accordion style vehicle sunshade. Size: 51 x 23.5 Imprint Size and location: 51" x 23.5" 1 side ONLY Imprint Method: Heat Transfer Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 6

42 Attachment B Specifications and Visual Examples GROUP 2 (F-K): Item F: Rain Poncho Description: 14mm weight, rain poncho One size fits most, roomy hood and 2" x 86" coverage, folds into Plastic snap pouch, 9 ½ x 7. Poncho Color: Assorted Imprint Size and Areas: Pouch 6 x 3 ½ and Poncho. Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 7

43 Attachment B Specifications and Visual Examples Item G: USB Car Charger Description: MP3 players, phones and other devices using the USB connection and visible see it charging by looking at the indicator light. (.5 amp output). USB Charger Color: White Imprint Size and Areas: 3/8 x 1 (top) Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 8

44 Attachment B Specifications and Visual Examples Item H: Mini Tire Gauge Key Chain Description: Mini Tire gauge key chain. Maximum 50 PSI. Made of Aluminum 3 ¼ H Tire Gauge Color: Assorted Imprint Size and Areas: 1 ½ x 3/16 Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 9

45 Attachment B Specifications and Visual Examples Item I: Golf Set in pouch Description: Golf tee and marker kit in a felt pouch Pouch Color: Assorted Imprint Size and Areas (Pouch and each piece): 1 1/8 x ½ (Tee and marker lift), 2 ¼ x 1 ¾ (pouch), 5/8 (marker) Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 10

46 Attachment B Specifications and Visual Examples Item J: Lanyard Description: Pull off flat, ribbon shaped, polyester lanyard. Made from a quality, durable polyester material, these lanyards come with a choice of J-hook, keyring, bulldog clip, or lobster claw. Color: Assorted Imprint Type and Size: Silk-screen, 2/5 x 33.5, step and repeat Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 11

47 Attachment B Specifications and Visual Examples Item K: Stow 'n Go Earbud Travel Set Description: These earbuds are attached to a 48" cord and wrapped inside of a glossy, white 2 1/4" x 2 1/4" protective case with plastic cover. Interchangeable earbud covers come in white, blue and red. Headphones plug into most headphone jacks. Case Color: White bottom with clear top Case Size: 2 1/4 " x 2 1/4 Imprint Size and location: 2" x 2" on clear cover top Florida Lottery Invitation to Bid # /16 Page 12

48 Attachment B Specifications and Visual Examples GROUP 3 (L-P): Item L: Canvas Tote Bag Description: Canvas tote bags with open top will help keep items secure and dry while on an outing. Perfect for the boating or travel, it is made of heavy 26 oz. cotton canvas for extra durability. Features 30 inch handles, an outside pocket. Bag Trim Colors: Assorted Bag Size: 21.5" x 13.5" x 7.5" Imprint Area and location: 7" W x 6" H on the front pocket. 8,000 10,000 stitch count embroidered/front center/minimum Florida Lottery Invitation to Bid # /16 Page 13

49 Attachment B Specifications and Visual Examples Item M: Chilly Towel/The Cool Towel Description: Individually packaged/poly Vinyl Acetyl material, which allows cool air to stimulate cooling and lower your core temperature. Chilly towel in the super-absorbent shammy-like weave and hyper-evaporating material that cools off as the towel naturally dries. It can be reused over and over again. Cooling time lasts for a few hours. Towel Color: Assorted Towel Size: 26 x 17 Imprint Size: 10 w x 5 h Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 14

50 Attachment B Specifications and Visual Examples Item N: Polar Fleece Blanket Description: Snuggle up to warmth with this standard 260 gsm fleece blanket. Made from 100% polyester brushed polar fleece, this blanket features a matching trim whip stitch. Material: Polyester Polar Fleece Blanket Color: Assorted Blanket Size: 50 x 60 Imprint: Stitching on front Stitch color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 15

51 Attachment B Specifications and Visual Examples Item O: Duffel Bag Description: Durable 600 denier polyester canvas duffel bag. measures 22.5" x 11.5" with an 9.25" gusset and features a 22" x 1.5" reinforced overlapping Velcro handle, 210 denier knit stripe straps, large twin zippers, 16.5" x 11" double front zippered pockets, 9" x 9" side end zippered compartments, two bottle nets, an adjustable 44.5" x 1.5" shoulder strap with a 7" rest pad and a 17" x 8.5" back Velcro wide pocket. This is the perfect bag for camping, gym trips and beyond. Bag Color: Assorted Bag Material: Polyester/Canvas Bag Size: 22.5 x 11.5 Imprint Size and location: 7" x 5" on front pocket. Imprint Method: Silkscreen Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 16

52 Attachment B Specifications and Visual Examples Item P: 16oz. Omega Mug Description: Omega Mug Double wall plastic insulated mug with high gloss finish, 16 oz. Proposition 65 compliant. Executive 4 finger ergonomic handle. Spill resistant, 2 piece thumb-slide lid. Black insert and lid. BPA free. Double wall construction for insulation of hot or cold liquids Color: Assorted Imprint Size: 7 ¾ x 2 Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 17

53 Attachment B Specifications and Visual Examples GROUP 4 (Q-U): Item Q: Bottle Bag Description: 20oz. Bottle insulator. Made of laminated open cell foam and includes Swivel clip, belt loop and drawstring. 6 ¾ H Color: Assorted Imprint Size: 2 ¼ W x 3 H Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 18

54 Attachment B Specifications and Visual Examples Item R: Golf Ball Set in Plastic Pillow Pack Description: Two Golf Balls in a plastic pillow pack Color: White Imprint Area: Golf Ball Side Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 19

55 Attachment B Specifications and Visual Examples Item S: Eagle Golf Umbrella Description: The Eagle golf umbrella features a quality, strong manual wood shaft, a comfortable oak wood handle, fiberglass ribs and spreaders plus a pewter tip for added strength and a great look. With its windproof design and fiberglass construction, this item springs back from heavy winds without breaking. Available in a wide variety of color choices, this umbrella has an oversized 62" coverage area to help your clients "weather" any storm. Umbrella Color: Assorted Umbrella Size: 62 Imprint Size, Location and Type: 7" x 8" x 11", Every other panel, Digital Heat Transfer/ Silkscreen Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 20

56 Attachment B Specifications and Visual Examples Item T: BOTTLE AQUASPORT Description: 32 oz. US made water bottle - Aqua Sport Straight. BPA free PETE sports water bottle. Crystal clear water bottle. Made in the USA. Water Bottle Material: Plastic Water Bottle Color: Assorted Water Bottle Size: 32 oz. Imprint Method and Imprint Size: Silkscreen/6" x 4", 6" x 9" Florida Lottery Invitation to Bid # /16 Page 21

57 Attachment B Specifications and Visual Examples Item U: Beach Towels Description: Beach Towel/White/Cotton/14 pound/towel Size: 35 by 60 / finished edges. Towel Color: White Imprint Size and Areas: 23 x 50 Center/front Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 22

58 Attachment B Specifications and Visual Examples GROUP 5 (V-Z): Item V: Ticket Scraper Key Ring (7.8 x 2 x 1/8 ) Description: Plastic ticket scraper with metal chain for key ring. Ticket Scraper Color: Assorted Imprint Size: ¾ W x 5/16 H Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 23

59 Attachment B Specifications and Visual Examples Item W: Gold Coin Description: Goldine finish shiny bronze (no antiquing)/two-sided/art is different on each side/two-sided striking. Gold Coin Size: gauge thickness Imprint Area: One-side-Florida Lottery Brand Wordmark and the message Please Play Responsibly at the top and flalottery.com at the bottom/one-side One Spin. Cyan indicates coin edge Black indicates embossing White indicated debossing Florida Lottery Invitation to Bid # /16 Page 24

60 Attachment B Specifications and Visual Examples Item X: Sunglasses Description: Adult Malibu Sunglasses with UV400 lenses, polycarbonate material with a velvet touch. CPSIA compliant. Sunglasses Color: Assorted Imprint Size and Areas: Temple1 ½ x ¼ (both sides of the glasses). Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 25

61 Attachment B Specifications and Visual Examples Item Y: Earplugs in medallion case Description: These earplugs packaged in a medallion case make an innovative corporate giveaway. With a four color process label on the 2" round case; it's easy to customize this product to help increase brand recognition Earplug Case Size: 2 Imprint Size: 1 5/8" Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 26

62 Attachment B Specifications and Visual Examples Item Z: 58" Vented Auto Open Folding Golf Umbrella Description: Protect yourself when playing with the vented Folding Golf umbrella. It opens automatically and features a soft foam grip handle with wrist strap, a sturdy two section hexagonal folding metal shaft, fiberglass ribs, and large vented nylon canopy. It comes complete with a matching case that includes shoulder straps. Use it to protect from the sun on hot days or from light rain. Silkscreen is available for logo imprinting. Material: Pongee Golf Umbrella Color: Assorted Imprint Size and location: 8" x 6", alternating panels Imprint color must not be the same as the color of the item (i.e. no white on white item) Florida Lottery Invitation to Bid # /16 Page 27