Download:
pdf |
pdf0MB Control No. 1024-0268
Expiration Date: XX/XX/20XX
NPS Form 10-550s (Rev. 10/2019)
National Park Service
COMMERCIAL USE AUTHORIZATION APPLICATION - SHORT TERM
[Park/Area Name)
[Park Mailing Address]
[City, State, Zip Code]
[Name], CUA Coordinator
Phone Number: [CUA Coordinator]
The CUA Application - Short Term is issued for business operations not exceeding seven (7) consecutive days. Some parks have
additional requirements for businesses that offer services to visitors relating to the safety and welfare of the visitors and protection of
the resources. These requirements may include applicable operating licenses, certificates showing proof of training, operating plans,
emergency response plans, group size limitations, etc. Please see page 4 for any park specific requirements.
1.
Service for which you are
applying and planned dates of
operation (not to exceed 7
consecutive days)
2.
Applicant's Legal Business
Name: [Include any additional
names (OBA) under which you will
operate.I
Owner and Authorized Agents:
(Give the name(s) of the owners
and name(s) of the persons
designated as Authorized Agents
for your business. Authorized
Agents have the power to sign on
your behalf)
Primary Contact Information
3.
4.
Service:
Street Address
City
State
Email
Website
Day Phone
Evening Phone
5.
Is your business for-profit or
non-profit? (Please check one)
□
□
6.
Business License
State and Number:
7.
Employer Identification Number (EIN):
8.
Proposed Dates:
Zip
Fax
For Profit
Non-Profit (Please attach a copy of your IRS Ruling or Determination Letter)
Expiration Date:
Liability Insurance:
Provide proof of liability insurance. The CUA operator must maintain General Liability insurance naming the United States of
America as additional insured. Minimum coverage amount is $500,000 per occurrence. Some activities will require increased
coverage or other types of liability insurance; see Park-Specific CUA Insurance Requirements ("Attachment A").
RECORDS RETENTION. TEMPORARY. Destroy/Delete 3 years after closure. (NPS Records Schedule, Commercial Visitor Services,
(Item 50) (N1-79-08-4))
Page 1 of 3
NPS Form 10-550s (10/2019)
National Park Service
9.
Will your business operate vehicles (car, truck, van, bus, taxicab, etc.) within NPS boundaries? Do
not provide Information for vehicles charlered from and operated by another company. If "Yes," describe
each vehicle using additional paper, if necessary
Make/Model of Vehicle
Year
Max # Passenger Capacity
□ Yes
□ No
Own/Rent
10. Additionally Required Documentation
Parks may require proof of licenses, registrations, and certificates, etc. Provide copies of additionally required documentation
identified in "Attachment B".
11. NPS Employment:
□ Yes □ No
Are you, your spouse, or minor children employed within the National Park Service?
If "Yes," please provide information
below:
Title:
Employee Name:
Park or office where employed:
12. Violations: Have you, your company, or any current or proposed employees been convicted or fined for violations of State,
Federal, or local law within the last 5 years? Are you, your company, or any current or proposed employees now under
investigation for any violations of State, Federal, or local law or regulation?
□ Yes □ No If "Yes", please provide documentation showing result of the conviction/fine and documentation of pending violations
13. Fee: Please include the Application Fee as outlined in Attachment B
14. Signature:
False, fictitious or fraudulent statements of representations made in this application may be grounds for denial or revocation of the
Commercial Use Authorization and may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001). All
information provided will be considered in reviewing this application. Authorized Agents must attach proof of authorization to sign
below
By my signature, I hereby attest that all my statements and answers on this form and any attachments are true, complete, and
accurate
Signature
Date
Printed Name
Title
2
NPS Form 10-550s (10/2019)
National Park Service
NOTICES
Privacy Act Statement
Authority: The authority to collect information on the attached form is derived from 16 U.S.C. 5966, Commercial Use Authorizations.
Purpose: The purposes of the system are (1) to assist NPS employees in managing the National Park Service Commercial Services
program allowing commercial uses within a unit of the National Park System to ensure that business activities are conducted in a
manner that complies with Federal laws and regulations; (2) to monitor resources that are or may be affected by the authorized
commercial uses within a unit of the National Park System; (3) to track applicants and holders of commercial use authorizations who
are planning to conduct or are conducting business within units of the National Park System; and (4) to provide to the public the
description and contact information for businesses that provide services in national parks.
Routine Uses: In addition to those disclosures generally permitted under 5 U.S.C.552a(b) of the Privacy Act, records or information
contained in this system may be disclosed outside the National Park Service as a routine use pursuant to 5 U.S.C. 552a(b)(3) to other
Federal, State, territorial, local, tribal, or foreign agencies and other authorized organizations and individuals based on an authorized
routine use when the disclosure is compatible with the purpose for which the records were compiled as described under the system of
records notice for this system.
Disclosure: Providing your information is voluntary, however, failure to provide the requested information may impede the processing
of your commercial use authorization application.
Paperwork Reduction Act Statement
In accordance with the Paperwork Reduction Act (44 U.S.C. 3501), please note the following. This information collection is authorized
by The Concession Management Improvement Act of 1998 (54 USC 101911). Your response is required to obtain or retain a benefit in
the form of a Commercial Use Authorization. We will use the information you submit to evaluate your ability to offer the services
requested and to notify the public what services you will offer. We may not conduct or sponsor and you are not required to respond to a
collection of information unless it displays a currently valid Office of Management and Budget control number. 0MB has assigned
control number 1024-0268 to this collection.
Estimated Burden Statement
We estimate that it will take approximately 1.5 hours to prepare an application, including time to review instructions, gather and
maintain data, and complete and review the proposal. Send comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this burden, to the Information Collection Officer, National Park Service,
12201 Sunrise Valley Drive (MS-242) Reston, VA 20192. Please do not send your completed form to this address; but rather to the
address at the top of the form.
3
NPS Form 10-550s (10/2019)
National Park Service
0MB Control No. 1024-0268
Expiration Date: 11/30/2019
The following explanations correspond directly with the numbered items on the Application Form. Please read this entire
document prior to completing the application. Include the nonrefundable application fee when submitting this application.
1.
Enter the service you are proposing to provide and the planned dates of your operation. These are the services which are currently
approved in the park:
[Note: Each park vvill list the commercial services currently approved at their park and include those same commercial services in
"Attachment B".]
If your planned dates of operation exceed 7 consecutive days, you must use the CUA Application (NPS Form 10-550) not the CUA
Application - Short Term (NPS Form 10-550s).
2.
Enter the legal name of your business. If you have a secondary name under which you are doing business (d.b.a.), please enter
that name also.
3.
Give the name(s) of owners and name(s) of persons designated as Authorized Agents for your business. Authorized Agents have
the power to sign on your behalf.
4.
Provide primary contact information. Your contact information may also be published in the NPS Commercial Services Directory.
5.
If the state in which you operate or the state where your business is domiciled requires a state business license, provide the state,
license number and year of expiration.
6.
Provide your Employer Identification Number (EIN). The Debt Collection Improvement Act of 1996 requires us to collect an EIN or
Social Security Number (SSN). The NPS will not collect SSNs. The EIN is issued by the Internal Revenue Service. You may
receive a free EIN at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/How-to-Apply-for-an-EIN. We vvill use the
EIN that you provide as needed to collect debts.
7.
Provide proof of General Liability Insurance naming the United States of America, as additional insured in the amounts designated
in the application. Provide proof of vehicle/vessel/aircraft liability insurance if you own, rent, or lease vehicles/vessels/aircraft and
transport visitors by those means or if those owned, rented, or leased vehicle/vessel/aircraft are engaged in providing the service
(i.e., hauling horses used in the activity). Insurance companies must be rated at least A- by the most recent edition of A.M. Best's
Key Insurance Reports (Property-Casualty edition) or similar insurance rating companies (Moody's, Standard and Poor's, or Fitch).
You may be subject to additional insurance requirements. Refer to "Attachment A".
8.
Provide a description of each owned, rented, or leased vehicle you will utilize during the course of the proposed commercial
service. Information for vehicles chartered from and operated by another company is not required.
9.
Provide copies of additional documentation as required by "Attachment B".
10. Indicate if you, your spouse, or minor children are employed within the National Park Service. NPS Management Policy prohibits
employees of the NPS and their spouses and minor children from acquiring or retaining any authorization for conducting
commercial services in a park area.
11. If your business or business owners or current employees or proposed employees have been convicted or are currently under
charges for violation of State, Federal, or local law or regulation in the last 5 years, provide documentation of conviction/fine. Do
not include minor traffic tickets.
12. Include payment of the Application Fee - $ [insert amount]. See "Attachment " B.
13. Please sign and date your application. If the person SIGNING this application is an Authorized Agent for the business, proof of
signing authority must accompany this application.
Attachment A: Insurance Requirements
Attachment B: List of Approved Services, Additionally Required Documentation, and Fee Information
NPS Form 10-550s (10/2019)
National Park Service
0MB Control No. 1024-0268
Expiration Date: 11/30/2019
Additional Information: The National Park Service has terms and conditions on all commercial service agreements. The following
terms and conditions will apply to all Commercial Use Authorizations. There may be additional terms and conditions based on the
services provided. These may include but are not limited to limits on locations, times, group size, and employee licenses and
certifications and providing such information to the park superintendent for approval.
CONDITIONS OF THIS AUTHORIZATION
1.
False Information: The holder is prohibited from knowingly giving false information. To do so will be considered a breach of
conditions and be grounds for revocation: [RE: 36 CFR 2.32(a) (3)).
2.
Legal Compliance: The holder shall exercise this privilege subject to the supervision of the area Superintendent. The holder shall
comply with all applicable laws and regulations of the area and terms and conditions of the authorization. The holder must acquire
all permits or licenses of State or local government, as applicable, necessary to provide the services described above, and, must
operate in compliance with all applicable Federal, State, and local laws and regulations, including, without limitation, all applicable
park area policies, procedures and regulations. All vehicles are required to be registered and the operators are required to have the
proper licenses to operate them commercially, as required by law or regulation.
3.
Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the
area Superintendent.
4.
Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions
satisfactory to the area Superintendent.
5.
Liabilities and Claims: This authorization is issued upon the express condition that the United States, its agents and employees
shall be free from all liabilities and claims for damages and/or suits for or by reason of any injury, injuries, or death to any person or
persons or property of any kind whatsoever, whether to the person or property of the holder, its agents or employees, or third
parties, from any cause or causes whatsoever while in or upon said premises or any part thereof during the term of this
authorization or occasioned by any occupancy or use of said premises or any activity carried on by the holder in connection
herewith, and the holder hereby covenants and agrees to indemnify, defend, save and hold harmless the United States, its agents,
and employees from all liabilities, charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities,
claims, suits or losses however occurring or damages growing out of the same.
6.
lnsu ranee: Holder agrees to carry general liability insurance against claims occasioned by the action or omissions of the holder,
its agents and employees in carrying out activities and operations under this authorization. The policy shall name the United States
of America as additional insured. Holder agrees to have on file with the park copies of the above insurance with the proper
endorsements.
7.
CUA Fees: At a minimum, the holder shall reimburse the park for all costs incurred by the park as a result of accepting and
processing the application and managing and monitoring the authorized activity. Administrative costs for the application process
must be paid when the application is submitted. Monitoring fees and any additional costs incurred by the park to support the
commercial activity will be paid annually or on a more frequent basis as determined by mutual agreement between the Holder and
the area Superintendent.
8.
Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this
authorization or to any benefit that may arise from this authorization. This restriction shall not be construed to extend to this
Contract if made with a corporation or company for its general benefit.
9.
Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
10. Termination: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the area
Superintendent.
11. Preference or Exclusivity: The holder is not entitled to any preference to renewal of this authorization except to the extent
otherwise expressly provided by law. This authorization is not exclusive and is not a concession contract.
12. Construction: The holder shall not construct any structures, fixtures or improvements in the park area. The holder shall not
engage in any groundbreaking activities without the express, written approval of the area Superintendent.
13. Reporting: The holder is to provide the area Superintendent upon request a statement of its gross receipts from its activities
under this authorization and any other specific information related to the holder's operations that the area Superintendent may
request, including but not limited to, visitor use statistics, and resource impact assessments. The holder must submit annually the
CUA Annual Report (NPS Form 10-660) and upon request the CUA Monthly Report (NPS Form 10-660A).
6
NPS Form 10-550s (10/2019)
National Park Service
0MB Control No. 1024-0268
Expiration Date: 11/30/2019
14. Accounting: The holder is to maintain an accounting system under which its accounts can be readily identified within its system of
accounts classification. This accounting system must be capable of providing the information required by this authorization. The
holder grants the United States of America access to its books and records at any time for the purpose of determining compliance
with the terms and conditions of this authorization.
15. Minimum Wage: The holder is required to adhere to Executive Order 13658 - Establishing a Minimum Wage for Contractors, as
applicable. The implementing regulations, including the applicable authorization clause, are incorporated by reference into this
contract as if fully set forth in this contract and available at https://federalregister. gov/a/2014-23533.
Exemption: Under Executive Order 13838, Executive Order 13658 shall not apply to contracts or contract-like instruments
entered into with the Federal Government in connection with seasonal recreational services or seasonal recreational equipment
rental for the general public on Federal lands, but this exemption shall not apply to lodging and food services associated with
seasonal recreational services. Seasonal recreational services include river running, hunting, fishing, horseback riding, camping,
mountaineering activities, recreational ski services, and youth camps.
16. Visitor Acknowledgment of Risks (VAR): The holder is not permitted to require clients sign a waiver of liability statement or
form, insurance disclaimer, and/or indemnification agreement waiving the client's right to hold the CUA holder responsible for
accidents or injury occurring on NPS property. The holder is permitted to request or require a client to sign a form or statement
acknowledging risk and/or indicating that certain prerequisite skills may be needed to participate in the commercial activity. The
holder must provide the park with the current copy of all forms and/or statements used for this purpose and obtain written approval
by the park to use the form and/or statement. A sample Acknowledgment of Risk form may be obtained by contacting the CUA
office at [insert phone number] or by going to the park CUA webpage at [Insert park CUA web address]
17. Intellectual Property of the National Park Service: Except with the written authorization of the Director of the National Park
Service, the Holder shall not assert any legal claim that the Holder or any related entity holds a trademark, tradename, servicemark
or other ownership interest in the words "National Park Service", the initials "NPS", or official name of any unit or part thereof,
including but not limited to any facility, logo, distinctive natural, archaeological, cultural, or historic site, within the National Park
System, or any colorable likeness thereof, or the likeness of a National Park Service official uniform, badge, logo, or insignia.
18. Nondiscrimination: The holder must comply with Applicable Laws relating to nondiscrimination in providing visitor services to the
public and with all equal employment opportunity provisions of Title VII of the Civil Rights Act, as amended.
SPECIAL PARK CONDITIONS
COMMERCIAL USE AUTHORIZATION
[Attach park-specific terms and conditions followed by necessary area-specific instructions, CUA fee information, and specific insurance
requirements. ]
NPS Form 10-550s (10/2019)
National Park Service
0MB Control No. 1024-0268
Expiration Date: 11/30/2019
ATTACHMENT A
CUA Insurance Requirements
Commercial General Liability (CGL) Insurance
Liability insurance is required for all CUA holders under the terms of the authorization. Such insurance should be of sufficient scope to
cover all potential risks and in an amount to cover claims that can reasonably be expected in the event of serious injury or death. The
minimum commercial general liability insurance is [Parks will enter the minimum general liability insurance amount for each type of
commercial activity. Generally, the minimum is $500,000 but may be higher depending on the provided commercial service. ] Liability
insurance policies must name the United States of America as additional insured. The business or person that is providing the service
must be the named insured (policy holder). Companies that provide transportation only are not required to have Commercial General
Liability (see Commercial Automobile Liability Insurance below and refer to park specific conditions).
Commercial Automobile Liability Insurance
If a CUA holder transports passengers or uses a vehicle in the performance of the service in the park, they are required to have
Commercial Automobile Liability insurance. The commercial auto liability insurance must include coverage of "owned, leased, rented or
hired" vehicles if the CUA holder rents or leases vehicles. Commercial Automobile Liability Insurance is not required when a CUA
holder charters vehicles and those chartered vehicles are operated by another company. The minimum commercial auto liability
insurance for interstate passenger transport is reflected in the following table:
Commercial Automobile Liability Insurance - Interstate
Passenger Transport
(bodily injury and property damage)
Up to 6 passenqers
7 - 15 passenqers
16 - 25 passengers
26+ passenqers
Minimum per Occurrence Liability
Limits*
$1,000, 000
$1, 500, 000
$3, 000,000
$5, 000, 000
* CUA holders are required to have minimum State liability requirement for intrastate operations.
Insurance Company Minimum Standards
The NPS has established the following minimum insurance company requirements. All insurance companies must meet the following
minimum standards. These standards apply to foreign insurance companies as well as domestic companies.
1.
2.
3.
All insurers for all coverages must be rated no lower than A- by the most recent edition of Best's Key Rating Guide (Property
Casualty edition), or similar insurance rating companies (Moody's, Standard and Poor's, or Fitch), unless otherwise authorized
by the Service.
All insurers for all coverages must have Best's Financial Size Category of at least VII according to the most recent edition of
Best's Key Rating Guide (Property-Casualty edition), or similar insurance rating companies (Moody's, Standard and Poor's, or
Fitch), unless otherwise authorized by the Service
The insurance ratings must be submitted with the CUA Application. The rating companies do not issue certificates. We
require the insurance broker to note this rating in the Certificate. If the rating does not appear on the certificate, the insurance
broker must provide it in another document.
Proof of Insurance Submission
Applicants must submit proof of insurance with the CUA Application. The proof of insurance must:
□
□
□
□
□
□
□
Be written in English with monetary amounts reflected in USO
Reflect that insurance coverage is effective at time of CUA Application submission
Name as insured the business or person that is providing the service
Name the United States as additional insured
Reflect a General Commercial Liability Policy with the minimum coverage amount required in the CUA Application
Reflect required additional insurances (commercial vehicle, vessel, aircraft, etc. ) with the minimum coverage amount required
in the CUA Application
Include insurance provider rating or provide in separate document
6
NPS Form 10-550s (10/2019)
National Park Service
0MB Control No. 1024-0268
Expiration Date: 11/30/2019
ATTACHMENT B
List of Approved Service, Additionally Required Documentation, and Fee Information
AUTHORIZED COMMERCIAL
SERVICE
[Parks will enter each approved
CUA service category]
REQUIRED DOCUMENTATION
[Parks will enter required documentation for each
approved CUA service category if required.
Examples are CPR certification, commercial driver
license, PADI Dive Instructor certification, etc. ]
REQUIRED CUA FEES
File Type | application/pdf |
File Title | NATIONAL PARK SERVICE 10-550s |
Author | Midwest Regional Office |
File Modified | 2022-10-20 |
File Created | 2021-06-30 |