Instructions from the Carnival Manager, Moomba Festival and other Council staff regarding access and exit to the designated location must be followed at all times. Vehicle access is only permitted on site for the purposes of loading and unloading goods and equipment. There is no parking on-site unless you have the prior written approval from the Carnival Manager.
All offsite parking expenses will be at the Operator’s cost.
2.3. Permits and regulations
It is the responsibility of the Operator to:- Comply with Fire Regulations
- Ensure fire safety procedures and equipment is in place before operation;
- Familiarise themselves with the location of fire fighting equipment;
- Have a working knowledge of equipment use;
- Comply with the relevant OH&S and Australian Safety standards; and
- Provide serviced fire extinguishers and fire blankets, as is appropriate to the level of risk associated with each work area, as determined by the Risk and Safety Manager, 2024 Moomba Festival.
2.4. Electrical requirements
The Operator is to ensure that:
All connections of distribution boards and sub boards to mains power supplies are to be executed by the nominated Moomba Festival Electrician;
All electrical distribution boards and/or sub boards and other articles of electrical equipment that will connect with the power supply, must be in a safe working condition, tagged by a licensed electrician, have a certificate of electrical safety or be certified by an electrical engineer once on site; All portable electrical equipment must be protected by earth leakage protection devices; and All cables and hoses are to be covered by cable/hose covers or suspended in the air at not less than 4.5 meters from ground level.
3. Indemnity
The Operator agrees to indemnify and to keep 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 Operator’s 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 Operator. The 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. Public liability insurance
The Operator is to:
- Take out and maintain Public Liability Insurance for the entire period of occupancy including the set up and dismantle periods.
- Have a certificate of currency for Public Liability Insurance with the ‘City of Melbourne’ and ‘2024 Moomba Festival’ noted as interested parties;
- The level of cover for rides requires a minimum of $20 million in respect of any single occurrence. Games or novelties require a minimum of $10 million in respect of any single occurrence.
- The insurance is to be provided by a reputable insurance provider and must be submitted with your application to be approved by Council.
- All final insurances must be valid and operational by 31 December 2023.
- Council, its employees, officers, agents and independent contractors will not in any circumstances be liable to the Operator for any damage or loss of the Operator’s property including, but not limited to, damage caused by water, heat, fire, electricity or suspension of services to the venue or loss from theft except where the damage arises from the negligence of Council.
5. Risk management
5.1. Risk assessment audits
The Operator must have a comprehensive risk management plan for each individual ride, game or novelty in accordance with the appropriate Occupational Health & Safety Act (Victoria) 2004. A copy is to be made available, if requested.
5.2. Safety inductions
The Operator and their employees must attend a mandatory safety briefing conducted by the Moomba Festival Risk and Safety Manager. Failure on the part of the Operator to attend the full briefing session in the days prior to the Event may result in the exclusion from operating of the ride, game or novelty during the course of the Event. The Operator must be inducted and comply with all 2024 Moomba Festival safety and operational procedures. The Operator should also be aware of appropriate methods for raising the alarm in the event of fire, medical and other emergencies and be familiar with evacuation procedures.
The Operator must induct all staff according to the 2024 Moomba Festival induction procedures prior to the commencement of the event. All Amusement ride staff must be trained in emergency egress of patrons for each ride application. All amusement rides must have documented emergency evacuation procedures in place. Emergency plans must be available and effective for each amusement device which carries patrons at heights which would require specialty equipment to carry out a rescue. Written emergency procedures to be in place for all amusement devices which require specific actions to lower, open or rescue people from device in event of power or mechanical failure.
5.3. Accidents and incidents
The Operator is to immediately notify the Moomba Festival Emergency Operations Centre, Carnival Manager and Worksafe (Vic) of all near misses and all accidents and incidents resulting in: Fatalities, serious body injuries, loss of time, injuries to its staff, contractors, sub-contractors or members of the public; Damage to plant and equipment; Fire; and Environmental impairment, e.g. pollution, spillage, toxic release. In the event of receiving a complaint in relation to generation of noise, dust, fumes or odours, details of such complaints are immediately to be advised to the Carnival Manager. All media statements are to be handled by Council Public Relations staff and must not be initiated or responded to by the Operator.
5.4. Dangerous and hazardous goods
Written approval prior to set-up must be obtained from the Carnival Manager before storing any hazardous goods on site or disposing of any hazardous waste likely to be generated by activities on site. The Operator is to obtain written approval from the appropriate authority for the proposed storage/disposal of hazardous waste, in accordance with the requirements of the Environment Protection Act 1970 and any other relevant statutes. Any such written approval is to be retained by the Operator and produced upon the demand of the Carnival Manager.
5.5. Environment
The Operator is to ensure that that all structures are:- Free standing secured and weighted as appropriate and that no pegs are put into the ground;
- Of a standard that meets all safety requirements under the Occupational Health and Safety Act 2004;
- Compliant with all building and health regulations and have the required permits; and
- Of an appearance acceptable to the Carnival Manager and Council.
6. Cleaning and waste management
Any special requirements for waste management must be put in writing to the Carnival Manager no later than six (6) weeks prior to the event. The Moomba Festival land is to be kept clean and presentable at all times, and left in a condition acceptable to the Carnival Manager and Council. At no time is material to be disposed of down storm water drains or in garden beds. Care must be taken during any maintenance or other activity to ensure protection for Moomba Festival land from chemical or oil spills. At the conclusion of 2024 Moomba Festival, the Operator must deliver the Moomba Festival land to the Carnival Manager in a clean condition and free of rubbish, in a good state of repair, normal wear and tear excluded. Operators may be charged re-instatement fees for any additional cleaning or repair required to Moomba Festival land as a result of their carnival activity
7. Other requirements
7.1. Noise levels
Noise levels must comply with the Environmental Protection Act 1970 & Regulations however Council and the Carnival Manager may determine acceptable noise levels. All instructions issued by the Council and/ or the Carnival Manager in relation to noise levels must be complied with and Council and/ or the Carnival Manager may take whatever action is required or appropriate to ensure compliance with Council and/ or the Carnival Manager’s instructions.
7.2. Dress and behaviour code
All Operators are to appear in clean, neat and presentable attire with enclosed footwear. The Operator must wear the uniform supplied by Council. Long hair must be tied back in a neat and tidy fashion and if required, a hair net or hat must be worn. The Operator shall deal with members of the public in a courteous manner. The Operator shall refrain from using obscene or offensive language or behaviour.
7.3. Smoking policy
Smoking is not permitted in any Council buildings or managed sites, including Moomba Festival land. Smoking is only permitted in designated areas and is not permitted in the view of the public if in uniform, at any time.
7.4. Alcohol policy
The Operator shall not consume, use, be under the influence of or have in its possession or allow any member of its staff to consume, use or have in their possession, alcohol or illegal drugs anywhere within the Moomba Festival land. This includes in the view of the public if in uniform, at any time.
7.5. Advertising and signage
No private advertising signs are permitted on any equipment. Existing signs must be covered for the duration of the 2024 Moomba Festival. Written approval must be obtained at least two weeks in advance of the Event from the Carnival Manager for all signage proposed to be used by the Operator. Any signs to be erected must obtain written approval from the Carnival Manager. It must be freestanding and must not be tied to flagpoles, light poles, trees or pegged into the ground. Written approval must be obtained for use of all Council and Moomba Festival trademarks at least two weeks in advance of the Event. All signage must be professionally sign written. Hand written signage is not permitted. Carnival Operators must have hazard/warning signage and adequate barricading as appropriate to the works, for all bumping in, set-up and bumping out of equipment to minimise the risks to the public.
7.6. Commercial arrangements
Council may enter into commercial partnerships for the Moomba festival. Operators must comply with all reasonable requests in regards to commercial and advertising activities relating to Carnival.
7.7. Hours of operation
Operating hours may be altered by Council. Final operating hours will be confirmed by the Carnival Manager no later than one (1) month prior to commencement of the Event.
Thu 7 March 2024
| 16:00
| 21:55
| 22:00 |
|---|
Fri 8 March 2024
| 16:00
| 21:55
| 22:00
|
|---|
Sat 9 March 2024
| 10:00 | 21:55
| 22:00
|
|---|
Sun 10 March 2024
| 10:00 | 21:55
| 22:00
|
|---|
Mon 11 March 2024
| 10:00
| 21:55 | 22:00
|
|---|
7.8. Employment of children
The Operator may not engage the services of children under the age of 15, without obtaining permission and approval from Children’s Services, Industrial Relations Victoria and providing written confirmation of such approval to the Carnival Manager no later than two (2) weeks prior to the commencement of the Event.
7.9. Licensing
Licensees may not sublet, assign or grant any license or in any way part, divide or allocate any portion of space allocated to them, to any other third party.
8. Privacy Act Statement
The Council and Amusement & Leisure Services Pty Ltd (ALS) uses the information provided by you pursuant to the Expression of Interest for the primary purpose of processing, assessing and determining the occupancy of space at the 2024 Moomba Festival and archival purposes. Any information given pursuant to the documents lodged could be deemed personal information and accordingly is governed by the Privacy Legislation. Any information lodged with the Council and ALS will remain confidential at all times except for disclosure which you may have consented to or which is otherwise required by law. We may pass your information on to any Operational Service Providers, media, sponsors, Work Safe Victoria, Government Authorities and such other persons the Council and ALS deems helpful in enabling the successful applicant to comply with the License Agreement.