WESTERN REGIONAL

OFF-TRACK BETTING

CORPORATION

Request for Proposal Date Due: October 8, 2026 Marketing Mailing Services

Western Regional Off-Track Betting Corporation 8315 Park Road Batavia, New York 14020 585-343-1423

The Western Regional Off-Track Betting Corporation, whose corporate offices are located at 8315 Park Road, Batavia, New York 14020, hereby invites the submission of qualifications and proposals for the provision of Marketing Mailing Services.

Specifications may be obtained from the office of Megan M. Glor, Director of Purchasing/Procurement Officer, upon request by calling (585) 343-1423 or via email at mglor@westernotb.com. Proposals are due Thursday, October 8, 2026 .

All proposals must be accompanied by the following documents: non-collusion certification, Finance Law Affirmation of Understanding (see State Finance Law §139-j) and Certification of Compliance (see State Finance Law§139-k [5]).

INSTRUCTIONS

1.1 Purpose

The Western Regional Off-Track Betting Corporation (WROTB) hereby invites the submission of qualifications and proposals for Marketing Mailing Services.

Prospective proposers must offer a proposal that will meet the scope of services, qualifications and general description of the needs identified within the document specifications.

1.2 RFP Procurement Officer

The Procurement Officer identified below is the sole point of contact regarding this RFP from the date of issuance until the selection of the successful Proposer.

1.3 Presentation and Clarification of WROTB’s Rights and Intentions

WROTB is not committed to award a contract or assignment to any responding Proposer, or to pay any costs incurred in the preparation of the proposal in response to this request, or to procure or contract for any services. WROTB reserves the right, in its sole discretion, to (a) accept or reject in part or in its entirety any proposal received as a result of this proposal if it is in the best interest of WROTB to do so.

The Western Regional Off-Track Betting Corporation will accept proposals for Marketing Mailing Servicess. WROTB has concluded that a single proposer shall be selected. As such, you are being invited to submit your proposal to the attention of Megan M. Glor, Director of Purchasing/Procurement Officer via email at mglor@westernotb.com and is to be received no later than Thursday, October 8, 2026.

Proponent must not have been an Officer, Board of Director or employee of WROTB within the last (5) five years.

Proposers shall read thoroughly and understand the specifications, conditions, and contract content contained herein.

This RFP shall become part of any agreement entered into by the successful proponent and WROTB.

The acceptance of a proposal and the award of a contract are subject to the approval of the WROTB Board of Directors.

Marketing Mailing Services

1.4 Overview of the Organization

The Western Regional Off-Track Betting Corporation (WROTB) is one of five (5) Regional OTB Corporations established and financed by their respective municipal sponsors following the enactment of permissive legislation by New York State in 1973. WROTB is established as a public benefit corporation. Its geographical area consists of seventeen (17) counties, fifteen (15) of which participate as members of WROTB, and the two (2) cities of Rochester and Buffalo. The statutory objective of WROTB is:

WROTB began its pari-mutuel wagering operations in May of 1974 with twenty-nine (29) branch facilities and a telephone betting operation opened by 1974’s year end. Today, WROTB is a multi-faceted gaming enterprise which operates the following:

· Six (6) traditional brick and mortar off-track betting facilities.

· One (1) “enhanced” branch facilities defined as having food concession services on-site.

· Twenty-three (23) EZ Bet locations.

· One internet wagering site referred to as “Batavia Bets”.

· One telephone betting center referred to as “Dial-A- Bet” located at Batavia Downs Gaming.

· One inter-track wagering (ITW) facility located at Batavia Downs Gaming.

· Operation of a seventy-two (72) day live harness racing meet conducted at Batavia Downs Gaming.

· Operation of a video lottery gaming facility located at Batavia Downs Gaming with 946 gaming machines.

· Operation of food and beverage venues located at Batavia Downs Gaming.

Diversity, Equity, and Inclusion are very important to WROTB. Proponent/firm must demonstrate a similar commitment in its response to this contract.

1.5 Specifications

1) ITEM Items as described in this document are required by the Western Regional Off-Track Betting Corporation and include various sized post cards and folded mailer material.

2) PRICES All prices specified within the proposal shall be net prices and include all materials, printing, packaging, sorting, delivery, and other incidental charges including proofs as outlined.

Final pricing shall include the following services:

SET UP: includes prepress, proofing, plates make ready.

PRINTING: includes paper, press time, folding.

MAILING: includes mail list preparation, verification of addresses, reports, wafer Sealing mail drop off and delivery of additional pieces requested in each print run that will not be mailed.

Personalization of mailings may be required.

WROTB reserves the right to reject any and all items.

3) QUANTITIES The quantities of each mailer will vary on a monthly basis. Amounts will be determined by the Batavia Downs Gaming Marketing Department.

4) SORTING It is required that the proposer must run all provided names and addresses through NCOA(National Change of Address) database and provide reports to WROTB on any customers whose data has changed within five (5) days. All items shall be pre-sorted in preparation for mailing.

5) PROOFS The proposer must provide a proof of all mailings BEFORE printing. Proofs are to be delivered and approval must be given by appropriate Marketing Department personnel prior to all mailings.

6) PRINTING Traditional offset or digital printing is accepted using ink-based technology. WROTB may request additional pieces in each print run not to be mailed.

7) MAILING Items shall be mailed at standard postage rates, no forwarding requested unless directed by WROTB.

All mailers shall be delivered to a United States Post Office Sectional Center Facility. Postage usage report is to be provided to WROTB within 5 days.

Delivery of monthly mailer to the USPS shall take place no more than 5 business days after receipt of approved proof.

Delivery of various postcards to the USPS shall take place no more than 3 business days after receipt of approved proof.

8) PURCHASE ORDER The purchase order will be effective and binding to the successful proposer.

9) POSTAGE PAYMENT The method of payment for postage shall be negotiated between the successful proposer and WROTB.

10) PAYMENT The successful proposer shall furnish WROTB with a complete itemized invoice. Payment shall be made within thirty (30) days after receipt of the invoice.

11) TERM The term for this Agreement shall be two (2) years, January 1, 2027 through December 31, 2029, with two (2) one-year options to renew at the same terms and conditions.

As a part of this proposal request, there are mailing specifications for current direct mail campaigns.

The current mailings will be continued by the pricing module as outlined for various quantities.

Additionally, WROTB is looking to expand the success of our mailing endeavors and are seeking additional add-ons to be presented. Specifically, those that would allow our gaming players to visit a mailing house generated QR Code, with tracking, allowing the Batavia Downs Marketing Department to gather information on the players who opened and followed the QR Code.

This information should be included in your proposal along with the per piece cost.

It is preferred that responding companies have experience in working with the Casino industry.

1.6 Insurance Requirements

The successful bidder shall furnish WROTB Certificates of Insurance indicating the type, amount, class of operations, coverage effective dates and expiration dates of such policies. Such certificates shall also contain substantially the following statement: “The insurance covered by this certificate will not be cancelled or materially altered except (a) after ten (10) days written notice has been received by WROTB and (b) the Unlimited Indemnity shown in the contract documents is included.” WROTBC shall be named as “additional insured” on bidder provided Certificate.

Insurance requirements are as follows:

MINIMUM LIMITS

WORKER’S COMPENSATION Statutory State of New York

Marketing Mailing Services

1.7 Submission of Proponent’s Statement of Proposal

To be considered, proposers must submit a complete response to this RFP request. Proposers not responding to all information requested in this or indicating exceptions to those items not responded to may have their proposal rejected.

Proposal shall be submitted to mglor@westernotb.com on or before Thursday, October 8, 2026.

Attention:

Director of Purchasing/Procurement Officer

All proposals must be accompanied by a non-collusion bidding certification, references page, Finance Law Affirmation of Understanding (see State Finance Law §139-j) and Certification of Compliance (see State Finance Law §139-k [5]) in order to be considered.

1.8 Clarification of Specifications

Questions that arise from the date of the RFP being in advertisement to the date the award is made must be submitted in writing to the Procurement Officer listed on page 1 of this proposal package. Questions and answers will be provided via addendum to all potential respondents who have received the RFP and must be acknowledged in the proposed response. No contact will be allowed between the respondent and any other employee of WROTB regarding this proposal during this restrictive period. Prohibited contact will be grounds for respondent disqualification. The deadline for the submittal of questions is September 28, 2026 at 4:30 p.m.EST

1.9 Addenda to the RFP

In the event it becomes necessary to revise any part of the specifications, an addendum will be provided to all that received the RFP package. An acknowledgement of such addenda, if any, must be submitted with proposer’s response.

2.0 Sales Tax

The Western Regional Off-Track Betting Corporation is exempt from paying any State and Local sales tax. Vendors shall not include any such taxes in their bids.

Marketing Mailing Services

2.2 Investigations

WROTB reserves the right to conduct any investigations necessary to verify information submitted by the respondent and/or to determine the respondent’s capability to fulfill the terms and conditions of the scope of services that is described herein. WROTB reserves the right to visit a prospective respondent’s place of business to determine the existence of the company and the management capabilities required to administer this agreement. WROTB will not consider respondents that are in arrears to WROTB, in bankruptcy, or in the hands of a receiver at the time of responding or at any time of selection.

2.3 Reservation of Rights

WROTB reserves the right to refuse any and all responses, in part, or in their entirety, or select certain aspects from various respondents, or to waive any informality or defect in any response should it be deemed in the best interest of WROTB. WROTB is not committed, by virtue of this bid, to make an award of the proposal. The proposals submitted become the property of WROTB.

2.4 Material Submitted

All rights, title and interest in the material submitted by the proposer shall vest in WROTB upon submission of the response to WROTB without any obligation or liability by WROTB to the respondent. WROTB has the right to use all ideas presented by a responder.

2.5 Procurement Policy

Pursuant to State Finance Law §139-j and §139-k, this Request for Proposal includes and imposes certain restrictions on communications between a WROTB and an Offerer/Proposer during the procurement process. An Offerer/Proposer is restricted from making contacts from the earliest notice of intent to solicit offers through the final award and approval of the Procurement Contract by WROTB. (“Restricted Period”), to other than WROTB’s Procurement Officer unless it is a contact that is included among certain statutory exceptions set forth in State Finance Law Section §139-j. WROTB’s Procurement Officer, as of the date thereof, is identified on the first page of this Request for Proposal. WROTB employees are also required to obtain certain information when contacted during the Restricted Period and make a determination of the responsibility of the Offerer/Proposer pursuant to the two statutes. Certain findings of non-responsibility can result in rejection for contract award and in the event of two findings within a four (4) year period, the Offerer/Proposer is debarred from obtaining Procurement Contracts. Further information about these requirements may be obtained from the Procurement Officer.

WROTB reserves the right to terminate this contract in the event it is found the certification filed by the Offerer/Proposer in accordance with State Finance Law §139-k (3) was intentionally false or intentionally incomplete. Upon such finding, WROTB may exercise its termination right by providing written notification to the Offerer/Proposer in accordance with the written notice terms of this contract. WROTB reserves the right to reject any and all proposals if deemed it to be in the best interest of the Corporation and to waive any informalities thereof.

Proponent cannot currently , nor within the last five (5) years , be suspended , debarred, or similarly declared ineligible from state or federal contracting. The proponent also certifies upon submission of this proposal that it is not currently under investigation by any state, local or federal agency or authority.

Certifications and Standard Clauses

These Standard Clauses apply to all contracts, invitations for bid, requests for proposal (RFP), and requests for qualifications (RFQ) issued by the Western Regional Off-Track Betting Corporation (WROTB). Hereafter, the term “WROTB” shall be used to reference the Western Regional Off-Track Betting Corporation.

Independent Contractor The contractor shall perform services as an independent contractor and not as an officer, employee, or agent of WROTB. Nothing contained in this contract shall be construed as creating a relationship of employer and employee between WROTB and the contractor or any of its personnel.

Termination for Convenience WROTB reserves the right to terminate the contract for convenience and without cause, upon thirty (30) days’ written notice to the consultant. In the event of such termination, the consultant shall be entitled to compensation for goods or services satisfactorily provided up to the effective date of termination but shall not be entitled to recover any additional damages or anticipated profits on work not performed.

Termination for Cause WROTB reserves the right to terminate the contract immediately for cause if the proposer fails to perform its obligations, violates applicable laws or standards, or otherwise materially breaches the terms of engagement.

Compliance with Laws The proposer shall comply with all applicable federal, state, and local laws, rules, and regulations, including those of the New York State Gaming Commission, in connection with the performance of the contract.

Confidentiality The proposer shall treat as confidential all non-public information obtained during the course of the contract. Such information shall not be disclosed except as required by law, professional standards, or with the prior written consent of WROTB.

Records Retention and Work Product WROTB reserves the right to require proposers to maintain and provide access to records related to the contract, in a scope and for a period of time appropriate to the nature of the engagement. Such records may include, but are not limited to, documents relating to performance, deliverables, billing, and any final reports or work product produced under the contract.

Assignment and Subcontracting The proposer shall not assign, transfer, or subcontract any portion of the contract without the prior written consent of WROTB.

Indemnification To the fullest extent permitted by law, the successful proposer shall defend, protect, indemnify, and hold harmless WROTB, its affiliates and their respective directors, officers, employees, representatives and agents from any and all claims, actions, proceedings, investigations, losses, liabilities, damages (including, without limitation damage to property), injury to persons (including, without limitation, death) penalties, fines, costs and expenses (including, without limitation, attorneys’ fees and costs) relating in any way to (i)the proponent’s bid, (ii)any act or omission of the proponent relating in any way to its performance under the contract, and or (iii) and default of breach by the proponent, whether threatened, actual or alleged.

Non-Discrimination The proposer agrees that, in the performance of this contract, it will not discriminate against any employee or applicant for employment because of race, creed, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, veteran status, or any other characteristic protected by applicable federal, state, or local law. The proposer shall take affirmative steps to ensure that applicants are employed, and that employees are treated during employment, without regard to these protected categories.

Insurance and Workers’ Compensation The successful proposer shall furnish WROTB Certificates of Insurance indicating the type, amount, class of operations, coverage effective dates, and expiration dates of such policies. Such certificates shall also contain substantially the following statement:

“The insurance covered by this certificate will not be cancelled or materially altered except (a) after ten (10) days’ written notice has been received by WROTB and (b) the Unlimited Indemnity shown in the contract documents is included.”

WROTB shall be named as an additional insured on proponent-provided certificates. Insurance shall be primary and non-contributory.

The proposer shall be solely responsible for the payment of all required premiums and shall remain liable for any deductibles, self-insured retentions, or claims in excess of stated coverage limits.

WROTB reserves the right to modify or waive specific insurance requirements based on the nature of the agreement.

Non-Collusive Bidding By submission of a proposal, the proposer certifies under penalty of perjury that the prices in its proposal have been arrived at independently and without collusion, consultation, communication, or agreement with any other potential proponent or competitor for the purpose of restricting competition.

Governing Law This contract shall be governed by, and construed in accordance with, the laws of the State of New York.

No Arbitration Disputes involving this contract shall not be subject to mandatory arbitration. Any legal actions shall be brought in a court of competent jurisdiction in New York State.

Reciprocity and Sanctions Provisions The proposer certifies that it is not on any federal or state debarment or sanctions list and will immediately notify WROTB if it becomes subject to such restrictions during the term of the contract.

Final Agreement The proposer agrees and understands that this invitation for bid, and any addenda will be incorporated and become part of the final agreement.

FAILURE TO SUBMIT ANY OF THESE ITEMS WITH PROPOSAL IS MANDATORY CAUSE FOR REJECTION

Document Required Proposer’s Initials

Proposal

Acknowledgement of receipt of addenda

Non-Collusion Certification

References

Offerer’s Certification of Compliance

Offerer Disclosure of Prior Non-Responsibility

Offerer’s Affirmation of Understanding/Agreement

THE UNDERSIGNED PROPOSER HEREWITH SUBMITS THE ABOVE REQUIRED DOCUMENTS.

PRINT OFFICIAL COMPANY NAME:

SIGNED BY:

PRINT NAME AND TITLE:

DATE:

THIS CHECKLIST IS REQUIRED TO BE INITIALED AND SIGNED WHERE INDICATED

AND RETURNED WITH ALL DOCUMENTS

NON-COLLUSION CERTIFICATION

By submission of this proposal, the authorized representative signing on behalf of any proposer certifies and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of the representative’s knowledge and belief:

In compliance with this request for proposals and subject to the conditions thereof, the undersigned offers and agrees, if this proposal is accepted within forty-five (45) days from the date of the opening, to furnish any and all items upon which prices are submitted.

PRINT NAME ADDRESS

TITLE CITY, STATE & ZIP CODE

DATE TELEPHONE #

EMPLOYER TAX ID FAX NUMBER

OR SOCIAL SECURITY #

YOU MUST SIGN AND RETURN THIS SHEET WITH YOUR PROPOSAL

Offerer's Certification of Compliance with State Finance Law § 139-k(S)

New York State Finance Law §139·k(5) requires that every Procurement Contract award subject to provisions of State Finance Law §139-k or §139-j shall contain a certification by the Offerer that all information provided to the Office of General Services with respec.t to State Finance law §139-k is complete, true, and accurate.

Offerer Certification:

I certify that all information provided to the Western Regional Off-Track Betting Corporation with respect to State Finance Law §139-k is complete, true, and accurate.

By: Date: _

Name:

Title:

Procurement Lobbying Termination

Western Regional Off-Track Betting Corporation reserves the right to terminate this contract in the event it is found that the certification filed by the Offerer in accordance with New York State Finance Law §139-k was intentionally false or intentionally incomplete. Upon such finding, Western Regional Off-Track Betting Corporation may exercise its termination right by providing written notification to the Offerer in accordance with the written notification terms of this contract.

Offerer Disclosure of Prior Non-Responsibility Determinations See instructions on next page before completing this form.

Name of Individual or Entity Seeking to Enter into the Procurement Contract:

Address:

No If yes, please answer the next questions:

Yes

2. Was the basis for the finding of non-responsibility due to a violation of State Finance Law §139-j (Please circle):

No Yes

3. Was the basis for the finding of non-responsibility due to the intentional provision of false or incomplete information to a Governmental Entity? (Please circle):

No Yes

4. If you answered yes to any of the above questions, please provide details regarding the finding of non-responsibility below and attach additional pages as necessary.

Governmental Entity:

Date of Finding of Non-responsibility:

Basis of Finding of Non-Responsibility:

5. Has any Governmental Entity or other governmental agency terminated or withheld a Procurement Contract with the above-named individual or entity due to the intentional provision of false or incomplete information? (Please circle):

No Yes

6. If yes, please provide details below and attach additional pages as necessary.

Governmental Entity: Date of Termination or Withholding of Contract _ Basis of Termination or Withholding:

Offerer certifies that all information provided to the Governmental Entity with respect to State Finance Law §139-k is complete, true, and accurate.

By: Date:

Signature

Instructions Offerer Disclosure of Prior Non-Responsibility Determinations Background:

New York State Finance Law §139-k (5) obligates a Government Entity to obtain specific information regarding prior non-responsibility determinations with respect to State Finance Law 139-j. In accordance with State Finance Law 139-k, an Offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any Governmental Entity due to: (a) a violation of State Finance Law §139·j or (b) the intentional provision of false or incomplete information to a Governmental Entity. The terms "Offerer" and "Governmental Entity” are defined in State finance Law§ 139-k. State Finance Law §139-j sets forth detailed requirements about the restrictions on Contacts during the procurement process. A violation of State Finance Law §139-j includes, but is not limited to, an impermissible Contact during the restricted period (for example, contacting a person or entity other than the designated contact person, when such contact does not fall within one of the exemptions).

As part of its responsibility determination, State Finance Law §139-k(5) mandates consideration of whether an Offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no Procurement Contract shall be awarded to any Offerer that fails to timely disclose accurate or complete information under this section, unless a finding is made that the award of the Procurement Contract to the Offerer is necessary to protect public property or public health safety, and that the Offerer is the only source capable of supplying the required Article of Procurement within the necessary timeframe. See State Finance Law §§139-j (3) and §139-k (5).

Instructions:

The Western Regional Off-Track Betting Corporation includes this disclosure request regarding prior non-responsibility determinations in accordance with State Finance Law §139-k in its solicitation of proposals or bid documents or specifications or contract documents, as applicable, for procurement contracts. The attached form is to be completed and submitted by the individual or entity seeking to enter into a Procurement Contract, Supplement or Change Order.

This document must accompany each Bid Form, Letter of Interest, or Proposal submitted by an offerer and will be required for any contract amendments over $15,000. This document must also accompany each Emergency Contract Bid Form.

Offerer’s Affirmation of Understanding of and Agreement pursuant to New York State Finance Law §139-j (3) and §139-j (6) (b)

New York State Finance Law §139-j (6) (b) provides that:

Every Government Entity shall seek written affirmations from all Offerers as to the Offerer’s understanding of and agreement to comply with the Government Entity’s procedures relating to permissible contacts during a Governmental Procurement pursuant to subdivision three of this section.

Offerer affirms that it understands and agrees to comply with the procedures of the Government Entity relative to permissible contacts as required by New York State Finance Law §139-j (3) and §139-j (6) (b).

By: Date:

Name:

Title:

Contractor Name:

Contractor Address:

MARKETING MAILERS PROJECTS

PROJECT #1

(variable data)

PROJECT #2

(variable data)

PROJECT #3

(addresses only)

PROJECT #4

PROJECT #5

PROJECT #6

Folds into 8½ x 3 2/3)

6 by 8½ inches (Folds to 4 ¼ x 6)

#10 Window Envelope

A6 Envelopes

Print ready to file furnished Cass certify,NCOA, Data furnished for address and 7 variable positions to swap out art PDF color proof Trim, fold, 2 wafer seals, postal sort, Post Office drop Two wafer seals for closure Letter: 4/4 (4 color Process with Variable Data.

Envelope: 1 color Data Processing, NCOA, post office drop

Scored, folded 4¼ x 6

CASS – Confirms all address are valid for delivery NCOA – National Change of Address

MARKETING MAILERS – BATAVIA DOWN GAMING & HOTEL

PRICING SHEET-THIS SHEET MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL

Price Quote to include setup, printing and mailing charges

TOTAL

Newsletter mailer

Letters/Envelope

6 x 8 1/5 Post Card

8 x 6 Post Card

6 X 4 ¼ Post Card

8 ½ X 6 Post Card