1.1. In this Conditions of Application the following terms will, if not inconsistent with the context, have the meaning indicated:

1.1.1. “Application” means the information from the Application form is required to duly execute and complete and lodge with the Council in accordance with the Conditions of Registration;

1.1.2. “Applicant” means the person or persons identified on the Application Form and includes all persons on whose behalf the person named therein may be deemed to have lodged the Application; and

1.1.3. “Council” means the Melbourne City Council.

1.1.4. "Participate Melbourne" means Council’s digital engagement platform. It can be found at Participate Melbourne.

2.1. Applicants will be evaluated against pre-defined criteria on the information requested. Applicants will be responsible for submitting all the information that is requested and for lodging their Applications by the stated closing time and date.

3.1. All information supplied in the Application becomes the property of Council. Ownership of intellectual property in the Application remains vested in the Applicant. In submitting an Application, the Applicant grants the Council an irrevocable licence to use, retain and copy the information contained therein for the purpose of evaluating Applications and identifying preferred Applicants.

4.1. Applications must be lodged electronically by the closing time using Participate Melbourne.

4.2. In order to properly lodge an Application, an Applicant must complete the full electronic submission process. This is deemed to have occurred where Council has issued an online receipt through its Participate Melbourne website. If such an online receipt is not provided, an Application will not be deemed to have been properly received by Council and will not be considered for evaluation. The successful lodgement of an Application is solely the Applicant’s responsibility.

4.3. The Applicant is solely responsible for the accuracy and completeness of all the information provided to Council using Participate Melbourne. Council is not responsible for:

4.3.1. Loss of Application responses, documents and/or other information in transit from an Applicant to Council during the Applicant’s utilisation of Participate Melbourne; and

4.3.2. Its inability to assess an application due to inaccurate or incomplete documentation or information provided by an Applicant.

4.4. The Council will not make any payment to the Applicant for the preparation and submission of the Application.

5.1. Any Applications failing to comply with and/or containing provisions contrary to the City of Melbourne's general Terms and Conditions will be considered non-conforming and may be rejected at the discretion of the Council.

5.2. The Application form on Participate Melbourne will expire at closing time and therefore no late submission can be lodged or considered.

6.1. The Council may accept any Application.

6.2. The Council is not bound to accept any Application.

6.3. The Council may conduct Application discussions with one or more of the Applicants for the purpose of concluding the Application.

7.1. When using Participate Melbourne, the Applicant acknowledges that:

7.1.1. Not withstanding Council’s efforts to ensure that Participate Melbourne is secure, all electronic and telephonic data transfers are potentially susceptible to interception by others.

7.1.2. In no event will Harvest Digital Planning or the City of Melbourne be liable for the site and its content, or any claim or demand made by you or a third party resulting out of (i) any content you submit to or transmit through the site; (ii) the interruption of use or loss or corruption of data; or (iii) your use of, or inability to use, the site; (iv) unauthorised access or alterations of your data; (v) statements of conduct of any third party on the site as per the Terms and Conditions of Participate Melbourne.

8.1. The Applicant acknowledges that:

8.1.1. It has had full opportunity to:

8.1.1.1. Examine and acquaint itself with the City of Melbourne's general Terms and Conditions;

8.1.1.2. Have fully informed itself regarding the proposed register;

8.1.2. It has satisfied itself as to the correctness and sufficiency of its Application;

8.1.3. It has no claim against the Council due to the accuracy or otherwise of information obtained from the Council and upon which the Applicant has based its Application;

8.2. If an Applicant has any doubt as to the meaning of any provisions or aspects of the City of Melbourne's general Terms and Conditions it will request that the Council clarify the issue in writing.

8.3. An Applicant must submit any request made for clarification, in accordance with clause 9.1, to the Council Contact Officer not later than four (4) working days before the closing time for the Application.

8.4. The Council may respond to a request for clarification or respond to a statement of interpretation. The Applicant must not rely on any response by the Council or assert that any such response affects the Applicant’s rights unless the response is made in writing. The Council may circulate such responses to any other Applicant.

8.5. In communicating with the Council for the purposes of the Application, the Applicant will liaise only with the Contact Officer specified on Participate Melbourne.

8.6. The Applicant in lodging its Application acknowledges that the Council will be relying on the Applicant’s professional expertise to fully and competently evaluate and compile its Application.

9.1. Any time up to three (3) working days before the Application process closing time, the Council may issue Addenda to the City of Melbourne's general Terms and Conditions to modify or clarify the information herein in any manner whatsoever including responses to any enquiries from Applicants.

9.2. When it is necessary to issue Addenda at any time less than three (3) working days before the current closing time, the Addenda will also advise a new closing time such that the Addenda is issued not less than three working days from the amended Application closing time.

10.1. Applications will be assessed against:

10.1.1. The criteria as listed on the Application form; Company Profile, Resource Capacity, Core Business and Main Client Base, Claimed Expertise and Past Projects, Referee Contacts and Risk Management. The Council will determine the relative importance of the criteria by a weighting system.

10.2. The Application questions request information that encompasses all the evaluation criteria. The Applicant must respond to all applicable sections. Applications that do not address all applicable sections may be deemed non-conforming.

10.3. Applications will primarily be assessed against the non-price attributes of experience, capability and past performance.

11.1. The Application of any Applicant who seeks to canvass or who contacts a Councillor in relation to this Application will not be considered by the Council.