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/vessels/aircraft 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. Employee Conduct:  The holder must ensure that its employees are hospitable and exercise courtesy and consideration in their relations with the public. The holder must establish appropriate screening, hiring, training, safety, employment, termination and other policies and procedures. The holder must review the conduct of any of its employees whose action or activities are considered by the holder or the Director to be inconsistent with the proper administration of the Area and enjoyment and protection of visitors and must take such actions as are necessary to correct the situation. The holder must maintain, to the greatest extent possible, a drug free work environment.
4. Rates:  The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
5. Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent. 
6. 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. 
7. Insurance:  Holder agrees to carry 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. 
8. Exculpatory Agreements: Any exculpatory agreement used by the CUA holder or entity providing services authorized by the CUA must comply with applicable state and federal law and NPS policy. The exculpatory agreement must not waive liability or preclude claims against or require indemnifying the CUA holder or entity providing services authorized by the CUA for gross negligence, recklessness, or willful misconduct. The exculpatory agreement must waive liability against the United States by including the following language: “The undersigned further waives liability of the United States and acknowledges and agrees that the United States and its officers and employees are fully released from any liability for injuries, damages, or losses that the undersigned sustains as a result of or in connection with the undersigned’s participation in this activity.” The Service will not as a matter of standard practice, collect, review or approve the exculpatory agreement. The CUA holder may consider consulting with their own counsel in the development of its exculpatory agreement to ensure they comply with NPS policy and Applicable Law. However, the Service reserves the right to review the exculpatory agreement and any modifications or replacements of the agreement at any time during the term of the CUA and require any revisions to ensure all the requirements of NPS policy are met. The NPS also reserves the right to require changes to the exculpatory agreement or, to the extent permitted by law, revoke the allowance to use the exculpatory agreement, if the Service determines the agreement is not compliant. Any determination by the Service that an exculpatory agreement is policy-compliant does not convey the NPS’s view that the agreement is valid, enforceable, or otherwise endorsed by the NPS for any purpose.
9. 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.
10. 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.
11. Transfer:  This authorization may not be transferred or assigned without the written consent of the area Superintendent. 
12. Suspension and Revocation: This authorization may be suspended or revoked upon breach of any of the conditions herein or at the discretion of the area Superintendent. 
13. 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. 
14. 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. 
15. Reporting:  The holder must submit annually the CUA Annual Report (NPS Form 10-660) by February 28 for the prior CUA season and also must submit upon request the CUA Monthly Report (NPS Form 10-660A). The holder is to provide the area Superintendent upon request 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. 
16. 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.

17. Paid Sick Leave: The holder must comply with all provisions of Executive Order 13706 of September 30, 2016, (Establishing Paid Sick Leave for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 13, all of which are incorporated by reference into this authorization as if fully set forth in this authorization. 

18. 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.
19. 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.
20. Notification of Employee Rights: The holder must comply with all provisions of Executive Order 13496 of January 30, 2009, (Notification of Employee Rights Under Federal Labor Laws) and its implementing regulations, including the applicable contract clause, codified at 29 CFR part 471, appendix A to subpart A, all of which are incorporated by reference into this authorization as if fully set forth in this authorization.

2025 COMMERCIAL USE AUTHORIZATION FOR GUIDED BICYCLE TOUR CUA OPERATING PLAN

Administrative

1. The CUA Holder (and its representatives) and all participants authorized herein must comply with all of the conditions of the CUA, including all exhibits or amendments or written directions of the park superintendent.
2. This CUA is applicable only for the use of the area(s) and terms designated in the CUA.
3. The CUA Holder is required to carry a copy of this completed and approved CUA with them.
4. The CUA Holder or his/her designated representative is responsible for understanding the obligations of this CUA, including rules and regulations pertaining to the use of the resources (36 CFR, chapter 2).  A designated representative of the CUA Holder shall be any employee of the CUA Holder engaged in the use of this CUA.
5. All guides providing tours under an activity-based CUA are required to display the name of the CUA holder’s company on their person while providing tours/guide services within the park that distinguishes them as a guide or staff member. Guides may meet this requirement by wearing, at a minimum, one of the following: nametag, jacket, shirt, or hat. 
6. Non-Exclusive Authorization - this CUA does not grant the CUA Holder exclusive use of any park area.  This CUA shall not be construed as limiting the obligation of the park superintendent to issue similar CUA’s at the request of other persons seeking to conduct the same or similar activities in the park.
7. The CUA Holder will not be considered a Concessioner to the National Park Service and will have none of the rights and privileges as such.
8. Inspection and Monitoring – the park superintendent shall have the right to monitor CUA Holder’s tours and inspect said tours for compliance with all aspects of this CUA.
9. Whenever possible, food items consumed during tours must be prepared prior to entering the park.  In the event food preparation does occur inside the park, such preparation must adhere to U.S. Public Health Service acceptable procedures and practices for food handling, temperature control, storage, personal hygiene, milk and dairy products sanitation, dish washing, and precautions that will reduce the risk of rodent, insect, and animal infestation in food storage areas.  Food preparation operations are subject to review and inspection by a representative of the U.S. Public Health Service or park staff trained in food handling inspection techniques for food service establishments.
10. This CUA will be managed and supervised by the Chief Ranger.  The Chief Ranger can be reached by phone at (520) 733-5110 or email at nps_sagu_cua@nps.gov

Safety
 

1. In the event of an emergency while in the park, CUA Holder representative or guest should call 9-1-1.  An accident resulting in property damage (including CUA Holder vehicles), personal injury or death shall be reported to the park as soon as possible (36 CFR 2.33 and 4.4). For incidents not requiring immediate assistance, please contact the Chief Ranger at (520) 733-5110, or the CUA administrator at (520) 733-5121.
2. Any threatening or unusual encounters with wildlife shall be reported as soon as possible.
3. The CUA Holder shall provide necessary equipment appropriate to the size of the group, or as required by law, for emergency first aid care.  A first aid kit must be available and adequate to treat minor injuries.  All tour guides will have current, valid certification in basic first aid and CPR.
4. To the extent possible, the CUA Holder shall be responsible to see that all members of their groups are safely equipped and properly clothed prior to the activity or tour.

Payment and Fees

1. Application Fee: this CUA will require the advance payment by the holder of the application fee of $350. Any other additional CUAs require an application fee of $250.

Rates and Advertising

1. The National Park Service will not approve the rates of the CUA Holder.
2. This authorization does not authorize the CUA Holder to advertise, solicit business, collect any fees, or sell any goods or services on lands owned and controlled by the United States of America.
3. The CUA Holder must obtain prior approval from Saguaro National Park for any public information releases which refer to the Department of Interior, any bureau or employee (by name or title), or this agreement.  The specific text, layout, photographs, etc. of the proposed release must be submitted with the request for approval.

4. The CUA Holder and its representative shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) which state or imply Governmental, Departmental, Bureau or Government employee endorsement of a product, service, or position which the CUA Holder represents.  No release of information relating to this agreement may state or imply that the Government approves of the CUA Holder’s work product or service or considers the CUA Holder’s work to be superior to other products and services.

    

Outdoor/Wilderness Ethic
 

1. The area(s) authorized for use under this CUA must be left in substantially the same condition, if not better, as it was prior to the activities authorized herein, with all refuse properly disposed of or otherwise as required by the park superintendent.
2. The CUA Holder shall communicate to each visitor, family, or group they are providing service to the principles of “Leave No Trace.”  Additional Leave No Trace information can be obtained from the Chief Ranger, or on-line from the Leave No Trace Center for Outdoor Ethics website at www.lnt.org.
3. All trash and garbage will be carried out of the park, or properly disposed of in park-provided receptacles.  Do not bury trash.
4. Where available, human body wastes shall be disposed of at designated locations or in fixtures provided for those purposes.  Where no facilities exist, human body waste shall be properly disposed of more than 100 feet from a water source, picnic area, trail, developed area or roadway, except as otherwise designated (36 CFR 2.14).

Traffic and Parking
 

1. Vehicles used in conjunction with this CUA shall not impede the flow of normal or emergency traffic.
2. Parking - parking in conjunction with all tours will only be allowed in areas where it is legally permissible.
3. This CUA does not guarantee, reserve, or otherwise give preference for parking, and no vehicles used in conjunction with activities authorized by this CUA may be driven or temporarily left in any areas not authorized for motor vehicle travel.
4. Parking/Loading/Unloading - long term parking (more than ½ hour) of trailers and vehicle is permitted only at the visitor centers, picnic areas or trailhead parking areas.

Use of Motor Vehicles
 

1. The authorized CUA Holder must meet the applicable requirements of the Federal Highway Administration (Interstate Commerce Commission) and applicable Department of Transportation – Motor Vehicle Division insurance and operating authority requirements for the State of Arizona.  If the authorized CUA Holder’s Federal or state authority is revoked for any reason or suspended for any reason for a period longer than fifteen (15) days, this CUA is automatically revoked.  In this event, no notice of revocation is necessary.

Bicycle Touring
 

1. Bicycle Touring is permitted during day-light hours only.  Authorization for night-time tours must be requested in advance and will be considered on a case-by-case basis.
2. Bicycle Touring is permitted on weekdays only (Monday through Friday) and will not be permitted on weekends or holidays.
3. Bicycle Touring IS NOT permitted on Picture Rocks Road.
4. Tour Leaders - an employee(s) of the CUA Holder designated as the tour leader shall ride with each group to assist with bicycle adjustments, monitor adherence to the CUA’s special conditions, and to other touring concerns.
5. Safety/Safety Equipment - the CUA Holder must brief all riders on park regulations, route conditions, common bicycle etiquette, proper and safe techniques for controlling their bicycle, and emergency braking.  The wearing of bicycle safety helmets by all tour participants and employees while riding is mandatory.
6. Parking/Loading/Unloading - long term parking (more than ½ hour) of trailers and vehicle is permitted only at the visitor centers and picnic areas.  Long term parking is discouraged at all other access points.
7. Group Size - group size for bicycle tours is limited to ten (10), plus the tour leader(s).  Larger groups must be broken into groups of ten (10), with starting times staggered by at least 10 minutes.  Total group size must not exceed 40 bicycles per day.  Groups can rejoin at prearranged times and locations (picnic areas) where all can be easily accommodated.
8. Guided mountain biking is only permitted on the Cactus Forest Trail between the loop drive and Hope Camp trail.  Mountain biking is only permitted when listed on page one of this CUA.
9. In order to check the spread of exotic plants, bicycles and vehicles entering the park shall be free of excessive mud, dirt or other debris capable of carrying exotic plant seed.
10. Picnic area sites cannot be reserved.  All sites on available on a first-come, first-served basis.
11. The CUA Holder and their representatives are responsible for understanding and complying with NPS, State of Arizona and Pima County regulations related to the operations of bicycles, and for conveying these regulations to their guests.  In particular, the CUA Holder and their representatives will ensure compliance with the following:
    1. Stay in control of your bicycle at all times.
    2. Travel on designated roadways only.
    3. Observe posted speed limits.
    4. Comply with all posted traffic signs (stop, one-way, etc.)
    5. Keep to the right.  Pass slowly on the left, allowing plenty of space, and provide a verbal warning to those you are passing (vehicle, bicyclist, pedestrians).
    6. Ride or walk bicycles single file.  Do not ride two or more bicycles abreast.
    7. Do not obstruct roadways.  Use pull-outs where provided or road shoulders when stopping.
    8. Bicycles yield to pedestrians and equestrians.

Minimum Wage: The holder must comply with all provisions of Executive Order 14026 of April 27, 2021, (Increasing the Minimum Wage for Federal Contractors) and its implementing regulations, including the applicable contract clause, codified at 29 C.F.R. part 23, all of which are incorporated by reference into this authorization as if fully set forth in this authorization. 

1. 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.  
2. 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
3. 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.

• Be written in English with monetary amounts reflected in USD.
• 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.