1. Requirements to note
1.1 Completion of this form does NOT guarantee selection into Moomba Festival.
1.2 To make selection decisions, Council assesses all catering operator expression of interest applications against the selection criteria outlined above.
1.3 The selection decisions made by Council including but not limited to: final selection, site allocation and site fees, is final and at Council’s discretion, no further correspondence will be entered into after final selection.
1.4 Notifications of the status of applications are sent via email by Friday 24 November 2023. Information will not be available prior to this date.
1.5 If selected, Catering Operators agree to the terms and conditions set out in this application and agree to comply with all directions and requirements of Council and the Moomba Festival Team and will promptly pay the Revenue Sharing Site Fees to Council.
2. Obligations of a Caterer
2.1 At no added cost to Council, the catering operator, at its cost if relevant, must perform the following obligations:
(a) Provide and maintain all structures, plant, equipment and materials to enable the catering operator to provide the services and arrange removal of all such items promptly on completion of Moomba with minimal damage and disruption to the site unless agreed otherwise and all times follow reasonable directions of the Council.
(b) Ensure the catering services are of a high quality and do not in any way bring the reputation of the Council or Moomba into disrepute. As soon as is reasonably practicable after the catering operator becomes aware of anything that may or is likely to bring adverse publicity or in an way damage the Council or its reputation or Moomba, the catering operator must notify Council in writing of this.
(c) Provide such personnel as are necessary with, and be responsible for all associated costs and requirements, including wages, uniforms, WorkCover insurance and superannuation noting that for the avoidance of doubt, any personnel engaged to provide the services are not employees or contractors associated with Council.
(d) Provide data lines, power and connections to electricity necessary to enable it to provide the services. The catering operator must ensure that all electrical and gas appliances comply with relevant Australian Standards and that the fit out of such items at the sites is undertaken by qualified personnel. Evidence of compliance with this requirement must be provided to Council at least 14 days prior to Moomba. Council reserves the right (in its absolute discretion) to refuse entry to Moomba for non-compliance with this requirement.
(e) Comply, and ensure its personnel provide, the services in a safe and lawful manner, and that they comply, with all reasonable directions and requirements given by Council or Moomba Festival team. In particular, the catering operator must ensure that all items sold or made available at Moomba meet with relevant health standards and any quality or presentation standards advised by Council or its Health and Wellbeing team.
(f) Ensure the principal personnel at each of the catering operator sites have completed a food handler’s course with a registered health department.
(g) Submit to Council at least 21 days prior to Moomba a list of all motor vehicles which propose to be used for and in relation to Moomba and provision of services. The Council; at its absolute discretion; will issue credentials for each vehicle.
3. Termination and cancellation
3.1 The Council may terminate this Contract immediately on giving of notice to the catering operator if:
(a) The catering operator is in breach of any clause of the Contract which cannot be remedied immediately on receipt of notice; or
(b) The Council is of the opinion, acting reasonably, that the catering operator is not performing or will not perform the services in accordance with the Contract or to any applicable standards.
3.2 Cancellation by Council
If Moomba Festival is cancelled by Council prior to the commencement of Moomba Festival, all payments will be returned in full.
3.3 Cancellation by catering operator
If the catering operator terminates this contract or the contract is terminated due to a breach by the catering operator under clause 2.1(a) the site fee deposit is forfeited.
4. Indemnity and insurance
4.1. The catering operator indemnifies and keeps indemnified the Council, its servants and agents, and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them, or any of them, arising from the catering operator’ performance or purported performance of its obligations under this agreement and be directly or indirectly related to the negligent acts, errors or omissions of the catering operator/s.
4.2. The catering operator’s liability to indemnify the Council shall be reduced proportionally to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.
4.3. The catering operator must effect and maintain adequate insurance/s to cover their legal and/or contractual liabilities arising as a result of their participation in "Moomba" activities, including Public Liability insurance to a minimum of $20 million per incident. Insurance/s must be underwritten by insurers authorised to conduct insurance business in Australia and be appropriately endorsed to cover the catering operators “Moomba " activities. The catering operator must provide the Council with a certificate of currency as set out in the Letter of Offer.
5. Other
5.1. No signage is permitted at Moomba without written approval from Council.
5.2. Catering operators must operate during Moomba trading times specified in contract unless otherwise agreed to with Council.
5.3. The lawful directions of members of the Victoria Police, authorised Council Officers, Moomba Festival team, staff and crew must be complied with at all times.
5.4. Council takes great care in planning and presenting a safe and happy festival. However it is understood that in being involved in Moomba the catering operator fully indemnifies the Melbourne City Council against any claim laid against it, either by members of the public or persons engaged in any activity associated with Moomba who, as a result of Moomba, suffer personal injury, property damage or financial loss.
5.5. The catering operator must advise Council immediately if there are any changes to their participation.
5.6. The catering operator agrees that their image and/or voice as recorded, photographed or filmed during Moomba (including all staff, employees, volunteers or agents of the catering operator) may be broadcast or published by the promoter in any media. This includes but is not limited to: TV, Radio, Internet, Magazine, or any other advertising in connection with Moomba and any future Council event, and those participants will not be entitled to any fee for such use.
5.7. The Moomba site is an alcohol and smoke-free zone. Smoking is not permitted nor shall a participant or visitor consume alcohol on the site, bring alcohol to the site or be under the influence of alcohol or any illicit drug in, on or around the Moomba site.
5.8. All catering operators engaged by Council must conform to the requirements of the Occupational Health and Safety Act (Victoria) 2004, Local Government Act and any Local-Laws, or Regulation made there under and shall be liable for any breach of such Acts, Local Laws, or Regulations. All other Acts, Statutory Rules, Provisions and Regulation of the Commonwealth of Australia or State of Victoria, for the time being in force shall be complied with.
5.9. The personal information supplied to Council in relation to this Contract are required in order to provide the service requested. It will be used by Council staff and stored in our record system for only as long as necessary. During this time, it can be accessed and amended by you, and will only be given to third parties with your consent or as required by legislation.
5.10. The catering operator’s contractors and staff are obliged to keep their work areas and surrounds clean and tidy throughout Moomba and comply with the obligations under this Contract.
5.11. The catering operators consent to the disclosure of all information or publication of documents relating to the temporary food premises which may be revealed or contained as a result of an inspection and/or sampling conducted in relation to the Food Act 1984 during Moomba by authorised officers of Council’s Health and Wellbeing Branch.