Graphic and Digital Designer - Request For Proposals

Request for Proposal (RFP) For Graphic and Digital Designer

Request for Proposal No.: 25-01

Issued: Mon 29 December 2025

Submission Deadline: Fri 23 Jan 2026 at 4pm EST

Submissions to be provided electronically to hiring@firstontariopac.ca

In Summary

The FirstOntario Performing Arts Centre (PAC) is requesting proposals for a Graphic and Digital Designer from a firm or individual to manage graphic and digital design needs for an 11-month contract, with potential for renewal. The role will require approximately 15-20 hours per week, with increased time required around specific season projects. Graphic and digital design will support projects such as season and program brochures, event-specific design assets, short promotional videos, magazines, posters, advertising, presentations and reports to support the 70+ live event season program, the 400+ annual film screening program, the PAC’s rental program, external communications, and fund development initiatives.

The selected Graphic and Digital Designer will support the development and enhancement of the visual representation of the FirstOntario PAC and support its diverse programs and initiatives.

Interested parties are encouraged to submit proposals by the specified deadline. Following a successful RFP, the incumbent will work with the FirstOntario PAC for an 11-month contract (Feb – Dec 2026).

History/Context

The FirstOntario Performing Arts Centre opened its doors in November 2015 and spurred an artistic, cultural and economic renaissance in downtown St. Catharines, Ontario. Designed by Diamond Schmitt Architects, the 95,000 square foot cultural complex is comprised of four state-of-the-art performance venues (Partridge Hall, Robertson Theatre, Recital Hall, and The Film House) and a backyard space which host international, national, and local artists alongside community members and organizations.

Following five years of being directly managed by the City of St Catharines, the PAC came under the management and stewardship of the Board of Directors in January 2020, functioning independently as a Municipal Service Board. Prior to the COVID-19 pandemic, all graphic design needs were done by an in-house staff member. For the last two years, the PAC has been fulfilling our graphic and video design needs working with various individuals and agencies on a project-to-project basis.

Since opening, the FirstOntario PAC has hosted over 8,000 events and welcomed over 1,000,000 visitors. We showcase and host music, dance, theatre, film, comedy, speakers, meetings, and community gatherings ranging from 120-person capacity to 770. Our annual presentation season consists of over 60 annual curated events of the highest quality and variety. The Film House offers nine screenings a week from Tuesday to Sunday (400+ screenings annually), which includes the latest documentaries, new features and classic films. The Film House programming is announced monthly.

The FirstOntario PAC is a cultural hub for many local arts organizations and festivals who use the facilities for their annual programming, including Niagara Symphony Orchestra, Chorus Niagara, Gallery Players of Niagara, Bravo! Niagara Festival of the Arts, Garden City Comedy Festival, Yellow Door Theatre Project, TD Niagara Jazz Festival, and Brock University's Departments of Music and Dramatic Arts, Encore Professional Music Series and Tuesday's free Music@Noon concerts, to name a few. The PAC also rents our venues to local business and not-for-profits for various types of events and also to promoters who book and present their own events in our spaces. For more information about the PAC programs and its mandate, please visit www.firstontariopac.ca and click on About Us, under the contact link.

Primary area of focus for the Graphic and Digital Designer:

Develop and execute creative design and video content for the FirstOntario Performing Arts Centre (PAC) including print, digital, and video content for advertising, promotional, marketing and communications materials, promotional and communications videos, corporate communication design, online web/mobile layouts. Proactively deliver effective graphic design and support for all in- house initiatives in a timely manner to ensure effective, innovative digital, print and video content creation that supports the FirstOntario Performing Arts Centre’s programs, business models, brand, values and strategic objectives.

Responsibilities will include:

• Working under the direction of the Marketing and Communications Manager, in close relationship with the Director of Marketing and Engagement, the Graphic and Digital Designer will design and create all print, digital and video content for multi-channel marketing and promotional initiatives (i.e. brochures, flyers, magazines, posters, playbills, ticket envelopes, letterhead, programming brand design, digital signage, short videos, print and online media advertising, web graphics, video display images, photo and image manipulation, etc.).
• Attend brief weekly or bi-weekly meetings with marketing leadership for workplan and key graphic and digital design priorities.
• Illustrate artistic concepts by presenting rough design layouts, templates and mock-ups showcasing the imagined arrangement, size, type, style and brand-related aesthetic concepts.
• Create, develop, and update web/mobile designs and layouts using current ticketing systems software or CMS platform (i.e., AudienceView, WordPress).
• Edit and encode audio, video and web content files to PAC specifications.
• Complete print, digital and video projects by coordinating with internal departments and external agencies, and art services printers, as required, to ensure that project outcomes are delivered on time and meet PAC standards.
• Ensure that print, digital and video marketing and communications content is representative of and aligned with established storytelling and brand standards.
• Support the PAC’s programming, marketing, communications and fund development initiatives with PowerPoint presentation graphics, illustrations and designs that are representative of the organization’s brand and values.

The proposed scope of work would begin in February 2026 and will be on contract to the end of December 2026. The fee for this work is a maximum budget of $50,000 for the 11-month contract.

Table of Contents

Part 1 – Invitation and Submission Instructions .......................................................................... 5

1.1 Invitation to Proponents ............................................................................................................5

1.2 FirstOntario Performing Arts Centre Procurement Bylaw .....................................................5

1.3 RFP Contact ...............................................................................................................................6

1.4 Accommodations for Respondents with Disabilities ..............................................................6

1.5 Type of Contract for Deliverables .............................................................................................6

1.6 RFP Timetable .............................................................................................................................6

1.7 Respondent Interviews ................................................................................................................7

1.8 Submission of Proposals ..............................................................................................................7

Part 2 – Evaluation, Negotiation and Award .....................................................................................9

2.1 Stages of Evaluation and Negotiation .........................................................................................9

2.2 Stage I – Mandatory Submission Requirements ........................................................................9

2.3 Stage II – Evaluation ......................................................................................................................9

2.4 Stage III – Pricing Adherence .......................................................................................................9

2.5 Stage IV – Ranking, Interviews and Contract Negotiations .......................................................9

Part 3 – Terms and Conditions of the RFP Process ..........................................................................11

3.1 General Information and Instructions ...........................................................................................11

3.2 Communication after Issuance of RFP .........................................................................................12

3.3 Notification and Debriefing ...........................................................................................................13

3.4 Conflict of Interest and Prohibited Conduct ................................................................................13

3.5 Confidential Information ................................................................................................................15

3.6 Procurement Process Non-binding ..............................................................................................16

3.7 Reserved Rights and Limitation of Liability...................................................................................17

3.8 Governing Law and Interpretation .................................................................................................18

Appendix A – Form of Agreement ........................................................................................................19

Appendix B – Submission Form – to be reviewed, completed and submitted with RFP ...............20

Appendix C – Pricing .............................................................................................................................23

Appendix D – RFP Particulars ..............................................................................................................24

A. The Deliverables ...............................................................................................................................24

B. Material Disclosures ..........................................................................................................................27

C. Mandatory Submission Requirements .............................................................................................27

D. Mandatory Technical Requirements .................................................................................................27

E. Pre-Conditions of Award ....................................................................................................................27

F. Evaluation Criteria ...............................................................................................................................28

G. Evaluation Guide .................................................................................................................................31

H. ADDITIONALLY ENCLOSED - Sample monthly workplan. ...............................................................32

Part 1 – Invitation and Submission Instructions

1.1 Invitation to Proponents

This Request for Proposals (the “RFP”) is an invitation by the Municipal Service Board of the FirstOntario Performing Arts Centre (the PAC) to prospective proponents to submit proposals for Graphic and Digital Designer as further described in Section A of the RFP Particulars (Appendix D) (the “Deliverables”). Individuals and Agencies are eligible to apply.

1.1.1 Health, Safety, and Emergency Conditions

The PAC seeks to maintain a competitive bidding environment by making clear how the PAC assesses the procurement based on criteria and nature of the project as well as by providing a clear delineation of responsibilities between respondents and the PAC with respect to maintaining the health and safety of a respondent employees and subcontractors as well as residents who may be in the area where the work is being undertaken.

The PAC requires that successful respondents be responsible, at respondent’s expense, for the health and safety of its employees and sub-contractors and to the extent retained for a construction project where the respondent is retained to be a constructor pursuant to the Occupational Health and Safety Act (“OSHA”) to carry out all responsibilities attributed to a constructor pursuant to OHSA.

The PAC and respondent, through respondent’s submission, acknowledge and agree that each respondent must determine whether the respondent is able to apply on a particular project and further that because provincial and/or other binding governmental rules may change over time, whether the respondent, if successful, is able to continue to work on the project. It is the respondent’s responsibility to obtain all the information necessary to prepare an application in response to this procurement and to determine respondent’s ability to comply with the PAC’s requirements while also complying with all current applicable laws. By submitting a proposal, the respondent agrees that it is relying on its own investigations and evaluation, and that of its own legal advisors and not upon statements or information provided by the PAC.

The respondent, if chosen to enter into a contract with the PAC, will have an ongoing obligation to ensure compliance with all applicable laws.

1.2 FirstOntario Performing Arts Centre Procurement Bylaw

The PAC’s procurement processes are governed by its Procurement By-Law No. 2019-12-02 under which this RFP was designed. It is the respondent’s responsibility to become familiar with and comply with the By-law, available online at https://firstontariopac.ca/Online/Article/Employment

In the event of any inconsistency between the provisions of the PAC’s By-law and the terms of this RFP, the terms of this RFP will prevail and will govern the RFP process.

1.3 RFP Contact

For the purposes of this procurement process, the “RFP Contact” will be: Carlos Robayo, Director of Resources and Strategic Initiatives, – hiring@firstontariopac.ca

Proponents are not permitted to contact any employees, officers, agents, elected or appointed officials or other representatives of the PAC, other than the RFP Contact, concerning matters regarding this RFP. Failure to adhere to this rule may result in the disqualification of the proponent and the rejection of the proponent’s proposal.

1.4 Accommodations for Respondents with Disabilities

The PAC is committed to providing equal treatment to people with disabilities with respect to the use and benefit of municipal services, programs and goods in a manner that respects their dignity and that is equitable in relation to the broader public. In accordance with the Ontario Human Rights Code, Ontarians with Disabilities Act, 2001 (ODA) and Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the PAC will accommodate for a disability, ensuring full and equitable participation throughout the RFP process. If a respondent requires this RFP in a different format to accommodate a disability, the resp o n dent must contact the PAC’s Contact as soon as possible and in any event prior to the Submission Deadline. The RFP in the different format will be issued only to the requesting respondent, and all addenda will be issued in such different format only to the requesting respondent.

1.5 Type of Contract for Deliverables

The selected proponent will be requested to enter into direct contract negotiations to finalize an agreement with the PAC for the provision of the Deliverables. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the PAC and the selected proponent. It is the intention of the PAC to enter into an agreement with only one (1) legal entity per awarded contract. The term of the agreement is to be for a period of eleven (11) months, with an option in favour of the PAC to extend the agreement, unless agreed to by the participating agencies, on the same terms and conditions for an additional two terms of up to twelve (12) months.

1.6 RFP Timetable

Issue Date of NRFP: Mon 29 Dec 2025

Deadline for Questions: Wed 07 Jan 2026, 4pm EST

Deadline for Issuing Addenda: Fri 09 Jan 2026, 4pm EST

Submission Deadline: Fri 23 Jan 2026, 4pm EST

Rectification Period: One day (Mon 26 Jan 2026, 4pm EST)

Anticipated Ranking of Proponents: Tues 27 Jan 2026

Proponent Interviews: Fri 30 Jan 2026

Contract Negotiation Period: Four (4) calendar days

Anticipated Execution of Agreement: Thurs 05 Feb 2026

Anticipated Start Date of Contract: Mon 09 Feb 2026

The RFP timetable is tentative only and may be changed by the PAC at any time.

1.7 Respondent Interviews

All interviews will be held virtually, through Zoom.

1.8 Submission of Proposals

1.8.1 Electronic Submission Only

All applications must be submitted electronically in PDF format to: hiring@firstontariopac.ca

Applications submitted by other methods will not be accepted.

1.8.2 Applications must be Received on Time

Applications must be submitted by the Submission Deadline. The time of receipt will be determined by Microsoft Outlook email records. Late responses will not be accepted.

Respondents are cautioned that the timing of their submission is based on when the application is received, not when an application is submitted by a respondent. Transmission can be delayed due to file transfer size, transmission speed or other technical factors. It is strongly recommended that respondents allow sufficient time before the Submission Deadline to send documents and to resolve any issues that may arise.

PAC representatives will send a confirmation email to the respondent advising when the application was submitted successfully. If respondents do not receive a confirmation email, they should contact the PAC Contact immediately.

1.8.3 Responses to be Submitted in Prescribed Format

The Proponent shall provide a brief Proposal in the form of a PDF Document. The proposal must include:

• Submission Form (Appendix B);
• Agreement to Pricing Information (Appendix C);
• Response to Deliverables (Appendix D), including evidence of success from past experience and qualifications.
• Portfolio and Resume (including any Professional qualifications, expertise, and experience on similar projects within the last 3 years).
• 3 References

The Proposal should demonstrate the Proponent’s understanding of the project and potential for success. Failure to provide the requested information will negatively affect the scoring of the proposal in the evaluation process. This is the technical criteria that will be evaluated and rated. Failure to provide the requested information will negatively affect the scoring of the application in the evaluation process.

1.8.4 Amendment or Withdrawal of Proposals

Respondents may edit or withdraw a submitted proposal prior to the Submission Deadline by emailing this request to hiring@firstontariopac.ca. The proponent is responsible for ensuring that any amended proposal is received by the Submission Deadline.

1.8.5 Proposals Irrevocable after Submission Deadline

Proposals shall be irrevocable for a period of 90 days running from the moment that the Submission Deadline passes.

[End of Part 1]

Part 2 – Evaluation, Negotiation and Award

2.1 Stages of Evaluation and Negotiation

The PAC will conduct the evaluation of proposals and negotiations in the following stages:

2.2 Stage I – Mandatory Submission Requirements

Stage I will consist of a review to determine which proposals comply with all mandatory submission requirements. If the proponent fails to satisfy the mandatory submission requirements within the Rectification Period, its proposal will be rejected. The Rectification Period will begin to run from the date and time that the PAC issues a rectification notice to the proponent. The mandatory submission requirements are set out in Section C of the RFP Particulars (Appendix D).

2.3 Stage II – Evaluation

Stage II will consist of the following two sub-stages:

2.3.1 Mandatory Requirements

The PAC will review the proposals to determine whether the mandatory requirements as set out in Section D of the RFP Particulars (Appendix D) have been met. Questions or queries on the part of the PAC as to whether a proposal has met the mandatory technical requirements will be subject to the verification and clarification process set out in Part 3.

2.3.2 Rated Criteria

The PAC will evaluate each qualified proposal on the basis of the non-price rated criteria as set out in Section F of the RFP Particulars (Appendix D).

2.4 Stage III – Pricing Adherence

Stage III will consist of acknowledgement of pricing (maximum of $50,000 +HST) for this contract.

2.5 Stage IV – Ranking, Interviews and Contract Negotiations

2.5.1 Ranking of Proponents and Interviews

Scores from Stage I and Stage II and Stage III will be added together, and the proponents will be ranked based on their total scores. The top three ranked proponents will be contacted for interviews. After the interviews are conducted, the top proponent will then receive a written invitation to enter into direct contract negotiations to finalize an agreement with the PAC.

2.5.2 Contract Negotiation Process

Any negotiations will be subject to the process rules contained in the Terms and Conditions of the RFP Process (Part 3) and will not constitute a legally binding offer to enter into a contract on the part of the PAC or the proponent and there will be no legally binding relationship created with any proponent prior to the execution of a written agreement. The terms and conditions found in the Form of Agreement (Appendix A) are to form the basis for commencing negotiations between the PAC and the selected proponent. Negotiations may include requests by the PAC for supplementary information from the proponent to verify, clarify or supplement the information provided in its proposal or to confirm the conclusions reached in the evaluation, and may include requests by the PAC for improved pricing or performance terms from the proponent.

2.5.3 Time Period for Negotiations

The PAC intends to conclude negotiations and finalize the agreement with the top-ranked proponent during the Contract Negotiation Period, commencing from the date the PAC invites the top-ranked proponent to enter negotiations. A proponent invited to enter into direct contract negotiations should therefore be prepared to satisfy the pre-conditions of award listed in Section E of the RFP Particulars (Appendix D), provide requested information in a timely fashion and conduct its negotiations expeditiously.

2.5.4 Failure to Enter into Agreement

If the pre-conditions of award listed in Section E of the RFP Particulars (Appendix D) are not satisfied or if the parties cannot conclude negotiations and finalize the agreement for the Deliverables within the Contract Negotiation Period, the PAC may discontinue negotiations with the top-ranked proponent and may invite the next-best-ranked proponent to enter into negotiations. This process will continue until an agreement is finalized, until there are no more proponents remaining that are eligible for negotiations or until the PAC elects to cancel the RFP process.

2.5.5 Notification of Negotiation Status

Other proponents that may become eligible for contract negotiations may be notified at the commencement of the negotiation process with the top-ranked proponent.

[End of Part 2]

Part 3 – Terms and Conditions of the RFP Process

3.1 General Information and Instructions

3.1.1 RFP Incorporated into Proposal

All provisions of this RFP are deemed to be acceptable by each proponent and incorporated into each proponent’s proposal.

3.1.2 Proponents to Follow Instructions

Proponents should structure their proposals in accordance with the instructions in this RFP. Where information is requested in this RFP, any response made in a proposal should reference the applicable section numbers of this RFP.

3.1.3 Proposals in English

Unless otherwise noted, all proposals are to be in English.

3.1.4 No Incorporation by Reference

The entire content of the proponent’s proposal should be submitted in a fixed form, and the content of websites or other external documents referred to in the proponent’s proposal but not attached will not be considered to form part of its proposal.

3.1.5 References and Past Performance

In the evaluation process, the PAC may include information provided by the proponent’s references and may also consider the proponent’s past performance or conduct on previous contracts with the PAC’s participating agencies or other institutions.

3.1.6 Information in RFP Only an Estimate

The PAC and its advisers make no representation, warranty or guarantee as to the accuracy of the information contained in this RFP or issued by way of addenda. Any quantities shown or data contained in this RFP or provided by way of addenda are estimates only and are for the sole purpose of indicating to proponents the general scale and scope of the Deliverables. It is the proponent’s responsibility to obtain all the information necessary to prepare a proposal in response to this RFP.

3.1.7 Proponents to Bear Their Own Costs

The proponent will bear all costs associated with or incurred in the preparation and presentation of its proposal, including, if applicable, costs incurred for interviews or demonstrations.

3.1.8 Proposal to be Retained by the PAC

The PAC will not return the proposal, or any accompanying documentation submitted by a proponent.

3.1.9 No Guarantee of Volume of Work or Exclusivity of Contract

The PAC makes no guarantee of the value or volume of work to be assigned to the successful proponent. The agreement to be negotiated with the selected proponent will not be an exclusive contract for the provision of the described Deliverables.

3.2 Communication after Issuance of RFP

3.2.1 Proponents to Review RFP

Proponents should promptly examine all of the documents comprising this RFP and may direct questions or seek additional information in writing by email to the RFP Contact on or before the Deadline for Questions. No such communications are to be directed to anyone other than the RFP Contact. The PAC is under no obligation to provide additional information, and the PAC is not responsible for any information provided by or obtained from any source other than the RFP Contact. It is the responsibility of the proponent to seek clarification from the RFP Contact on any matter it considers to be unclear. The PAC is not responsible for any misunderstanding on the part of the proponent concerning this RFP or its process.

3.2.2 All New Information to Proponents by Way of Addenda

This RFP may be amended only by addendum in accordance with this section. If the PAC, for any reason, determines that it is necessary to provide additional information relating to this RFP, such information will be communicated to all proponents by addendum. Each addendum forms an integral part of this RFP and may contain important information, including significant changes to this RFP. Proponents are responsible for obtaining all addenda issued by the PAC. In the Submission Form (Appendix B), proponents should confirm their receipt of all addenda by setting out the number of each addendum in the space provided.

3.2.3 Post-Deadline Addenda and Extension of Submission Deadline

If the PAC determines that it is necessary to issue an addendum after the Deadline for Issuing Addenda, the PAC may extend the Submission Deadline for a reasonable period of time.

3.2.4 Verify, Clarify and Supplement

When evaluating proposals, the PAC may request further information from the proponent or third parties in order to verify, clarify or supplement the information provided in the proponent’s proposal, including but not limited to clarification with respect to whether a proposal meets the mandatory technical requirements set out in Section D of the RFP Particulars (Appendix D). The PAC may revisit, re-evaluate, and rescore the proponent’s response or ranking on the basis of any such information.

3.3 Notification and Debriefing

3.3.1 Notification to Other Proponents

Once an agreement is executed by the PAC and a proponent, the other proponents will be notified by public posting, in the same manner that this RFP was originally posted, of the outcome of the procurement process.

3.3.2 Debriefing

Proponents may request a debriefing after publication of the outcome of the procurement process. All requests must be in writing to the RFP Contact and must be made within sixty (60) days of such notification.

3.3.3 Dispute Resolution Process

If a proponent wishes to challenge the RFP process, it should provide written notice to the RFP Contact. In accordance with any applicable trade agreement or other applicable bid protest procedures. The notice must provide a detailed explanation of the proponent’s concerns with the procurement process or its outcome.

3.4 Conflict of Interest and Prohibited Conduct

3.4.1 Conflict of Interest

For the purposes of this RFP, the term “Conflict of Interest” includes, but is not limited to, any situation or circumstance where:

(a) in relation to the RFP process, the proponent has an unfair advantage or engages in

conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having, or having access to, confidential information of the PAC in the preparation of its proposal that is not available to other proponents, (ii) communicating with any person with a view to influencing preferred treatment in the RFP process (including but not limited to the lobbying of decision makers involved in the RFP (process),

or (iii) engaging in conduct that compromises, or could be seen to compromise, the integrity of the open and competitive RFP process or render that process non-competitive or unfair; or

(b) in relation to the performance of its contractual obligations under a contract for the

Deliverables, the proponent’s other commitments, relationships or financial interests (i) could, or could be seen to, exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement, or (ii) could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations.

3.4.2 Disqualification for Conflict of Interest

The PAC may disqualify a proponent for any conduct, situation or circumstances, determined by the PAC, in its sole and absolute discretion, to constitute a Conflict of Interest as defined above.

3.4.3 Disqualification for Prohibited Conduct

The PAC may disqualify a proponent, rescind an invitation to negotiate or terminate a contract subsequently entered into if the PAC determines that the proponent has engaged in any conduct prohibited by this RFP.

3.4.4 Prohibited Proponent Communications

Proponents must not engage in any communications that could constitute a Conflict of Interest and should take note of the Conflict of Interest declaration set out in the Submission Form (Appendix B).

3.4.5 Proponent Not to Communicate with Media

Proponents shall not at any time directly or indirectly communicate with the media in relation to this RFP or any agreement entered into pursuant to this RFP without first obtaining the written permission of the RFP Contact.

3.4.6 No Lobbying

Proponents shall not, in relation to this RFP or the evaluation and selection process, engage directly or indirectly in any form of political or other lobbying whatsoever to influence the selection of the successful proponent(s).

3.4.7 Illegal or Unethical Conduct

Proponents must not engage in any illegal business practices, including activities such as bid-rigging, price-fixing, bribery, fraud, coercion, or collusion. Proponents must not engage in any unethical conduct, including lobbying, as described above, or other inappropriate communications; offering gifts to any employees, officers, agents, elected or appointed officials or other representatives of the PAC; deceitfulness; submitting proposals containing misrepresentations or other misleading or inaccurate information; or any other conduct that compromises or may be seen to compromise the competitive process provided for in this RFP.

3.4.8 Past Performance or Past Conduct

The PAC may prohibit a Proponent from participating in a procurement process based on past performance or based on inappropriate conduct in a prior procurement process, including but not limited to the following:

(a) illegal or unethical conduct as described above;

(b) the refusal of the supplier to honour its submitted pricing or other commitments; or

(c) Proponents involved with litigation with the PAC;

It is a matter of great importance to the PAC in the administration of any resulting contract that the relationship with the successful bidder should be as productive, amicable and harmonious as reasonable possible. For the purposes of this section;

• “Threatening Litigation” refers to the transmission of a written threat to commence a judicial proceeding; and
• “Pursuing Litigation” means actually commencing and/or continuing a judicial proceeding.

When a submission is received from a bidder who has threatened or is pursuing litigation against the PAC in relation to previous contracts awarded to that bidder by the PAC; or a bid is received from a bidder, against whom the PAC is pursuing litigation, the PAC shall be entitled to reject any bid submission by such bidder, despite the fact that the bid might otherwise have met or exceeded all other conditions for a successful bid.

Each bidder expressly agrees in submitting a bid for this opportunity that, should its bid be rejected in accordance with the foregoing, it shall have no claim for damages from the PAC in consequence of such rejection whether or not the litigation, or threatened litigation with the PAC which occasioned the rejection of the bid, has any merits and whether or not it is successful or unsuccessful.

3.5 Confidential Information

3.5.1 Confidential Information of PAC

All information provided by or obtained from the PAC in any form in connection with this RFP either before or after the issuance of this RFP:

(a) is the sole property of the PAC and must be treated as confidential;

(b) is not to be used for any purpose other than replying to this RFP and the performance of any subsequent contract for the Deliverables;

(c) must not be disclosed without prior written authorization from the RFP Contact; and

(d) must be returned or otherwise destroyed by the proponent to the PAC immediately upon the request of the PAC’s administrator.

3.5.2 Confidential Information of Proponent

A proponent should identify any information in its proposal, or any accompanying documentation supplied in confidence for which confidentiality is to be maintained by the PAC. The confidentiality of such information will be maintained by the PAC, except as otherwise required by law or by order of a court or tribunal and/or in accordance with MFIPPA. Proponents are advised that their proposals will, as necessary, be disclosed, on a confidential basis, to advisers retained by the PAC to advise or assist with the RFP process, including the evaluation of proposals. If a proponent has any questions about the collection and use of personal information pursuant to this RFP, questions are to be submitted to the RFP Contact.

3.6 Procurement Process Non-binding

3.6.1 No Claims

This procurement process is not intended to create and will not create a formal, legally binding bidding process and will instead be governed by the law applicable to direct commercial negotiations. For greater certainty and without limitation:

(a) this NRFP will not give rise to any Contract A–based tendering law duties or any other legal obligations arising out of any process contract or collateral contract; and

(b) neither the proponent nor the PAC will have the right to make any claims (in contract, tort, or otherwise) against the other with respect to the award of a contract, failure to award a contract or failure to honour a proposal submitted in response to this RFP.

3.6.2 No Contract until Execution of Written Agreement

This RFP process is intended to identify prospective suppliers for the purposes of negotiating potential agreements. No legal relationship or obligation regarding the procurement of any good or service will be created between the proponent and the PAC by this RFP process until the successful negotiation and execution of a written agreement for the acquisition of such goods and/or services.

3.6.3 Non-Binding Price Estimates

While the pricing information provided in proposals will be non-binding prior to the execution of a written agreement, such information will be assessed during the evaluation of the proposals and the ranking of the proponents. Any inaccurate, misleading or incomplete information, including withdrawn or altered pricing, could adversely impact any such evaluation or ranking or the decision of the PAC to enter into an agreement for the Deliverables.

3.6.4 Cancellation

The PAC may cancel or amend the RFP process without liability at any time.

3.7 Reserved Rights and Limitation of Liability

3.7.1 Reserved Rights of the PAC

The FirstOntario Performing Arts Centre reserves the right to:

(a) make public the names of any or all proponents;

(c) make changes, including substantial changes, to this RFP provided that those changes are issued by way of addendum in the manner set out in this RFP;

(d) request written clarification of the submission of supplemental written information in

relation to the clarification request from any proponent and incorporate a proponent’s response to that request for clarification into the proponent’s proposal;

(e) assess a proponent’s proposal on the basis of: (i) a financial analysis determining the actual cost

of the proposal when considering factors including quality, service, price and transition costs arising from the replacement of existing goods, services, practices, methodologies and infrastructure (howsoever originally established); and (ii) in addition to any other evaluation criteria or considerations set out in this RFP, consider any other relevant information that arises during this RFP process;

(f) waive formalities and accept proposals that substantially comply with the requirements of this RFP;

(g) verify with any proponent or with a third party any information set out in a proposal;

(h) check references other than those provided by any proponent;

(i) disqualify a proponent, rescind a notice of selection or terminate a contract subsequently entered into if the proponent has engaged in any conduct that breached the process rules or otherwise compromises or may be seen to compromise the competitive process;

(j) select a proponent other than the proponent whose proposal reflects the lowest cost to the PAC;

(k) cancel the RFP process at any stage;

(l) cancel this RFP process at any stage and issue a new RFP for the same or similar deliverables;

(m) accept any proposal in whole or in part; or

(n) reject any or all proposals; and these reserved rights are in addition to any other expressed rights or any other rights that may be implied in the circumstances.

3.7.2 Limitation of Liability

By submitting a proposal, each proponent agrees that

(a) neither the PAC nor any of its employees, officers, agent, elected officials or appointed officials, advisors or representatives will be liable, under any circumstances, for any claim arising out of this RFP process including but not limited to cost or preparation of the proposal, loss of profits, loss of opportunity of for any other claim; and

(b) the proponent waives any right to or claim for any compensation of any kind whatsoever, including claims for cost of preparation of the proposal, loss of profit or loss of opportunity by reason of the PAC’s decision not to accept the proposal submitted by the proponent, to enter into an agreement with any other proponent or to cancel this bidding process, and the proponent shall be deemed to have agreed to waive such right or claim.

3.8 Governing Law and Interpretation

These Terms and Conditions of the RFP Process (Part 3):

(a) are intended to be interpreted broadly and independently (with no particular provision intended to limit the scope of any other provision);

(b) are non-exhaustive and will not be construed as intending to limit the pre-existing rights of the parties to engage in pre-contractual discussions in accordance with the common law governing direct commercial negotiations; and

(c) are to be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

[End of Part 3]

Appendix A – Form of Agreement

A sample FirstOntario Performing Arts Centre FORM OF AGREEMENT is enclosed at the end of this document, which is intended to be executed with the PAC and the successful proponent.

SAMPLE FORM OF AGREEMENT ENCLOSED AT THE END OF THIS DOCUMENT

Appendix B – Submission Form – to be reviewed, completed and submitted with RFP

1. Proponent Information

Please fill out the following form, naming one person to be the proponent’s contact for the RFP process and for any clarifications or communication that might be necessary.

Full Legal Name of Proponent:

Any Other Relevant Name under which Proponent Carries on Business:

Street Address:

City, Province/State:

Postal Code:

Phone Number:

Company Website

(if any):

Proponent Contact Name and Title:

Proponent Contact Phone:

Proponent Contact Email:

2. Acknowledgment of Non-Binding Procurement Process

The proponent acknowledges that the RFP process will be governed by the terms and conditions of the RFP, and that, among other things, such terms and conditions confirm that this procurement process does not constitute a formal, legally binding bidding process (and for greater certainty, does not give rise to a Contract A bidding process contract), and that no legal relationship or obligation regarding the procurement of any good or service will be created between the FirstOntario Performing Arts Centre (PAC) and the proponent unless and until the PAC and the proponent execute a written agreement for the Deliverables.

3. Ability to Provide Deliverables

The proponent has carefully examined the RFP documents and has a clear and comprehensive knowledge of the Deliverables required. The proponent represents and warrants its ability to provide the Deliverables in accordance with the requirements of the RFP for the rates set out in its proposal.

5. Addenda

The proponent is deemed to have read and taken into account all addenda issued by the PAC prior to the Deadline for Issuing Addenda. The proponent is requested to confirm that it has received all addenda by listing the addenda numbers, or if no addenda were issued by writing the word “None”, on the following line: .

Proponents who fail to complete this section will be deemed to have received all posted addenda.

6. No Prohibited Conduct

The proponent declares that it has not engaged in any conduct prohibited by this RFP.

7. Conflict of Interest

Proponents must declare all potential Conflicts of Interest, as defined in section 3.4.1 of the RFP. This includes disclosing the names and all pertinent details of all individuals (employees, advisers, or individuals acting in any other capacity) who (a) participated in the preparation of the proposal; AND (b) were employees of the PAC within twelve (12) months prior to the Submission Deadline.

If the box below is left blank, the proponent will be deemed to declare that (a) there was no Conflict of Interest in preparing its proposal; and (b) there is no foreseeable Conflict of Interest in performing the contractual obligations contemplated in the RFP.

Otherwise, if the statement below applies, check the box.

The proponent declares that there is an actual or potential Conflict of Interest relating to the preparation of its proposal, and/or the proponent foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the RFP.

If the proponent declares an actual or potential Conflict of Interest by marking the box above, the proponent must set out below details of the actual or potential Conflict of Interest:

8. Disclosure of Information

The proponent hereby agrees that any information provided in this proposal, even if it is identified as being supplied in confidence, may be disclosed where required by law or by order of a court or tribunal. The proponent hereby consents to the disclosure, on a confidential basis, of this proposal by the PAC to the advisers retained by the PAC to advise or assist with the RFP process, including with respect to the evaluation this proposal.

Signature of Proponent Representative

Name of Proponent Representative

Title of Proponent Representative

Date

I have the authority to bind the proponent.

Appendix C – Pricing

The maximum price for this 11-month RFP is $50,000 plus HST. Proposals over the set price will not be considered. Pricing shall take into consideration an annual average of approximately 15-20 hours per week, with weekly hourly fluctuation on the +/- depending on seasonal needs and projects. Total costs must include all services costs. All equipment and tools, design and video software are at the sole expense of the proponent. Ownership of all content created for this contract including, but not limited to, videos, graphic design, logos, publications, creative concepts, etc. and be retained, and will be the sole property of PAC.

A SAMPLE MONTHLY WORKPLAN IS ENCLOSED AT THE END OF THIS DOCUMENT

Appendix D – RFP Particulars

A. The Deliverables

Scope of Service and Scope of Work

Scope of Service

I. Design Services Overview:

• Provide graphic and digital design services for the FirstOntario Performing Arts Centre (PAC) for approximately 15-20 hours per week, while increased hours required on occasion to adapt to seasonal needs.
• Collaborate with marketing leadership and other departmental leads to create compelling designs for a variety of projects, including but not limited to season and program brochures, event-specific design assets, magazines, posters, advertising, presentations, fund development campaigns, corporate branding and reports.

II. Design Focus Areas:

• Develop and execute creative design and video content for all PAC channels, encompassing print, digital, and video mediums.
• Support multi-channel marketing and promotional initiatives, creating assets such as brochures, flyers, magazines, posters, playbills, ticket envelopes, letterheads, digital signage, short videos, print and online media advertising, web graphics, and video display images.

III. Collaboration and Communication:

• Attend brief weekly or bi-weekly check-in meetings with marketing leadership to discuss workplans, priorities, and ensure alignment with workplan.
• Work under the direction of the Marketing and Communications Manager, closely collaborating with the Director of Marketing and Engagement to deliver projects.

IV. Design Conceptualization:

• Illustrate artistic concepts by presenting rough design layouts, templates, and mock-ups that showcase the arrangement, size, type, style, and brand-related aesthetic concepts.

V. Web and Mobile Design:

• Create, develop, and update web/mobile designs and layouts using current ticketing systems software and/or CMS platform (i.e., AudienceView, WordPress).
• Ensure web/mobile designs align with the overall brand and user experience.

VI. Finalization and Approval:

• Prepare final layouts and artwork for approval by the Marketing and Communications Manager before delivery to vendors.
• Edit and encode audio, video, and web content files to meet PAC specifications and expectations.

VII. Coordination and Project Management:

• Coordinate with internal departments and external agencies, art services printers, etc., as required, to ensure the successful completion of print, digital, and video projects.
• Manage project timelines, ensuring timely delivery of design assets.

VIII. Brand Alignment and Representation:

• Ensure that finished print, video, and digital content align with established storytelling and brand standards of the PAC.
• Support the representation and marketing of programs developed by the PAC.

IX. Presentation Support:

• Support PAC’s programming, marketing, communications, and fund development initiatives by providing PowerPoint presentation graphics, illustrations, and designs aligned with the organization’s brand and values.

Other responsibilities include:

• Working collaboratively with the PAC Marketing and Engagement team to advance workplan and deliverables.
• Attend brief weekly or bi-weekly zoom check-in meetings with marketing leadership for workplan and key graphic and digital design priorities.

Scope of Work - Annual Projects (fully scoped with timelines developed in advance)

A sample monthly workplan is enclosed at the end of this document.

Overview

• PAC Presents Season branding and collateral
• Season brochure (approx. 40 pages) (see current brochure here)
• Digital graphics for specific shows (multiple sizes for website, emarketing & social)
• Short promo videos for specific shows for use in digital/meta-advertising and other initiatives
• Season sizzler video (see current sizzler here)
• Season wrap up video
• Collateral pieces (programs, one-pagers, rack cards, signage)
• Print advertisements, billboard design
• Online Blogs
• (CentreStage Blog) (see latest version here)
• Creative design concepts
• Layout of internal and external articles
• Event listings
• Layout of purchased and sponsor advertisements
• Special Events, Programming and Campaigns including, but not limited to, Annual Fundraiser, Winter/Holiday Campaign, Fund Development, Sponsorship and Advertising Sales Campaigns, Festivals and Programming Partnerships, imPACt Education Series, Family Day
• Art in Action website (see latest version here)
• Programs (approx. 5-10 pages)
• Digital graphics (multiple sizes for website, emarketing & social)
• Short promo videos for use in digital/meta-advertising and other initiatives
• Wrap up videos
• Collateral pieces (programs, one-pagers, rack cards, signage)
• Print advertisements
• Annual Report (approx. 35 pages) (see 2024 Report to Community here)

On going Monthly deliverables (including but not limited to with timely turnaround)

• Graphic and design for PAC & TFH paid advertising including print, digital and out of home
• Monthly Meta/digital campaigns around PAC and TFH programming
• Monthly print advertisements for 1-2 publications
• Monthly billboard designs for 1-2 static and digital boards
• Creative concepts and design for PAC & TFH collateral pieces
• Rack cards/flyers for individual shows and films
• Dedicated show and film posters (varied sizes)
• On-site signage materials such as banners, lightbox posters etc.
• Creative concepts and digital graphics for PAC, TFH and Rental clients
• Website images for thumbnails, event articles, sliders etc.
• Featured and secondary images for eblasts
• Social media images and on-site digital signage (including video content)
• Graphic and design for promotional materials at special events
• Dedicated rack cards
• Short promo videos
• Signage
• Development and editing of corporate collateral pieces
• Support materials such as advertising packages, sponsorship packages, fund development materials, stationery etc.
• Video sourcing and editing to specs for paid advertising and in house digital screens
• Editing short film trailers and monthly sizzler videos
• Creating short promotional videos from provided artist assets
• Soundtracks/MP4s
• Occasional sound over recording
• Vertical and horizontal video editing

B. Material Disclosures

The proposed scope of work is to begin in February 2026 for an 11-month contract. The maximum fee for work is $50,000 +HST.

C. Mandatory Submission Requirements

1. Submission Form (Appendix B)

Each proposal must include a Submission Form (Appendix B) completed and signed by an authorized representative of the proponent.

2. Pricing (Appendix C)

Each proposal must include pricing acknowledgement that complies with the instructions contained in Pricing (Appendix C).

3. Other Mandatory Submission Requirements

Portfolio (including relevant work examples and previous work history/clientele) References and Qualifications.

• Professional qualifications, expertise, and experience on similar projects within the last 3 years.
• Client lists, locations, any employees, or additional resources for this project;
• 3 professional references;
• Any support services available and strengths relevant to this request.

D. Mandatory Technical Requirements

All equipment and tools, design and video software is at the sole expense of the successful proponent. Ownership of all content created for this contract including, but not limited to, videos, graphic design, logos, publications, creative concepts, etc. and be retained, and will be the sole property of PAC.

E. Pre-Conditions of Award

1. CERTIFICATE OF INSURANCE The selected proponent must provide the PAC with a Certificate of Insurance acceptable to the Director of Finance and Administration and must be on forms acceptable to the PAC. If the Certificate of Insurance is provided in a non-original form (e.g. a facsimile, photocopy or scanned electronic copy), the proponent acknowledges and agrees that the PAC is fully entitled to treat any such Certificate as an original and that the proponent will be responsible for the accuracy and validity of the information contained therein. If required by the PAC, certified copies of all the above-mentioned policies shall be delivered to the PAC. All subsequent policy renewals and Certificates of Insurance thereafter, during the time that the Contract is in force, shall be forwarded to the PAC within fifteen (15) days of their renewal date.

The Supplier hereby agrees to maintain at all times during the term of the Contract, but not limited to, the following:

a) Commercial General Liability insurance for all Deliverables to a limit of not less than two million dollars ($2,000,000) per occurrence.

The policy shall be endorsed to:

• Include The FirstOntario St. Catharines Performing Arts Centre Board as an additional insured; and
• Contain an undertaking by the insurers to give thirty (30) days prior written notice in the event that there is a material change in the foregoing policies or coverage affecting the Additional Insured(s) or cancellation of coverage before the expiration date of any of the foregoing policies.

2. WORKPLACE SAFETY AND INSURANCE BOARD CLEARANCE The selected proponent shall provide:

a) A valid, current Clearance Certificate declaring that the selected bidder is registered with Workplace Safety and Insurance Board (“WSIB”), and has an account in good standing; or

b) A Letter of Good Standing issued by WSIB.

If WSIB coverage is not required by law to be carried by the selected proponent, the selected proponent shall provide one of the following (as the case may be):

a) An Exemption Letter from WSIB.

3. AODA STANDARDS

Designers should be aware of AODA requirements for accessible digital design. The PAC may direct you to create work within these requirements. https://www.aoda.ca/accessible-digital-design/

F. Evaluation Criteria

The following sets out the categories, weightings and descriptions of the evaluation criteria of the RFP. Proponents who do not meet a minimum threshold score for a category will not proceed to the next stage of the evaluation process.

The following are the key criteria that will be used to evaluate the proposals. Proposals should include thorough details to allow for a comprehensive evaluation. The PAC will base its selection on a combination of the following criteria as a minimum:

i. Proposal Quality Max Score Weight

All submissions requirements met and all proposal components provided by deadline provided

15 30%

ii. Experience & Qualifications Max Score Weight

Past project and work reflects quality and experience with necessary qualifications in design-based programs.

15 30%

iii. Creativity & Collaboration Max Score Weight

Portfolio submission provides relevant work examples in line with the scope of work provided. Creativity is evident through diversity in techniques and artistic designs and design samples align with the PAC’s brand and esthetic.

10 20%

iv. Capacity & Timelines Max Score Weight

Acknowledgement of available capacity each month to align with the scope of work provided with known issues identified.

5 10%

v. Pricing/Costs Max Score Weight

Costing provided is within range and reflects dedicated hours committed to the sample workplan and ongoing weekly support.

5 10%

TOTAL SCORE 50 100%

Proposal Content for Non-Price Criteria

i. Proposal Quality

ii. Experience and Qualifications

Each proponent should provide the following in its proposal:

A short presentation of the individual or entity (company), including the structure of the company or resume for individuals. State the length of time the bidder has been in the business and the type of graphic, digital, and video design services provided.

The section should address the candidate’s qualifications and summarize their relevant background and experience; a description of its knowledge, skills, and experience relevant to the Deliverables; and the roles and responsibilities of the proponent and any of its agents, employees and sub-contractors who will be involved in providing the Deliverables, together with the identity of those who will be performing those roles and their relevant respective expertise.

Vendors must possess the following:

• Minimum of three (3) years’ experience providing the services described in this RFP.
• Experience working in and with the creative industries, particularly in arts and entertainment.
• Able to work effectively, often under tight deadlines, and deliver a quality product in a professional manner.
• Demonstration of solid understanding and the scope and nature of the work, as well as outstanding technical and creative expertise.
• Ability to work in a variety of file formats as needed to provide flexibility for easy modifications by in-house PAC staff.

iii. Creativity & Collaboration

Each proponent is requested to provide a portfolio sharing examples of past work, emphasizing projects related to creative design and videos created for use on social media, print and web, graphic design applicable to this RFP. The creativity of the proponent will be evaluated based on the innovation, originality, and effectiveness demonstrated in their past work and proposed approach. This criterion seeks to assess the proponent's ability to bring fresh and engaging creative concepts to the design and video elements. Creativity is evident through diversity in techniques and artistic designs and design samples align with the PAC’s brand and esthetic.

iv. Capacity & Timelines

The proponent confirms available capacity and ability to adhere to the proposed timeline o