Please read the terms and conditions of the park by by selecting each heading to expand. Select Apply below to begin a CUA application.
The National Park Service has terms and conditions on all commercial service agreements. CUA Conditions apply to all Commercial Use Authorizations. Park Specific Conditions are specific terms and conditions based on the services provided at that specific park. These may include but are not limited to limits on locations, times, group size, and employee licenses and certifications. Providing such information to the park superintendent for approval.
This CUA enables bike tour service providers to use designated space within park boundaries at the Fort Moultrie Military Reservation site on Sullivan's Island, SC and/or at the Liberty Square site in downtown Charleston, SC. At the Fort Moultrie site the designated space is used as a staging area for support vehicles, is where clients can rest their bikes as they tour the site, and where guides can set up for lunch/snack activity if the park's designated picnic area is in use. The park does not allow the general picnic area to be reserved; it's first come, first served. The Liberty Square location is an urban green space. The designated space at Liberty Square is where clients can rest their bikes as they tour the site, or as they prepare to start/end their trip route. Support vehicles cannot be staged or accommodated at Liberty Square as there is no park owned/managed public parking at the site. Bikes may be walked but not ridden at the site.
The CUA holder is responsible for ensuring applicable entrance fees are paid. There is no entrance fee at Liberty Square. There is a $10 per person entrance fee for the Fort Moultrie site. Entrance fees can be paid online in advance of arrival if arranged through the park, or they can be paid upon arrival at the Fort Moultrie Visitor Center.
CUA Conditions
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
- 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)].
- 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.
- 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.
- Rates: The holder shall provide commercial services under this authorization to visitors at reasonable rates satisfactory to the area Superintendent.
- Operating Conditions: The holder shall provide the authorized commercial services to visitors under operating conditions satisfactory to the area Superintendent.
- 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.
- 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.
- 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.
- 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.
- 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.
- Transfer: This authorization may not be transferred or assigned without the written consent of the area Superintendent.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.
- 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.
Park Specific Conditions
CUA Holder acknowledges receipt and acceptance of the terms of this CUA and any conditions thereto. The CUA Holder acknowledges that failure to adhere to any of the terms and conditions contained herein may be grounds for revocation or rumination of this authorization.
CUA conditions are subject to change as circumstances and guidance evolves.
NPS reserves the right to suspend operations during special and unforeseen events, including emergencies.
For medical emergencies immediately dial 911. EMS services will be dispatched, and a park ranger will be notified. Non-emergency accidents, damage to U.S. Government property, injuries, and/or medical problems must be reported to the park immediately by calling (843) 277-4503. CUA Holder must also relay such information to the park’s permit office within 24 hours via email to FOSU_Commercial_Services@nps.gov.
CUA holder is responsible for ensuring all applicable entrance fees are paid. A $10 per person entrance fee applies at the Fort Moultrie site. America the Beautiful passes are accepted. CUA Holder agrees to arrange with the park to pay the entrance fees online in advance of arrival, or in-person on arrival at the Fort Moultrie Visitor Center. To arrange for advance payment please contact the CUA Coordinator at 843-732-5028, or FOSU_Commercial_Services@nps.gov. No entrance fees are required for Liberty Square.
CUA Holder is authorized to use the designated staging area(s) on the dates noted on this CUA. Changes to dates must be authorized by the park. Changes should be planned as far in advance as possible. Last minute changes may not be able to be accommodated.
CUA Holder is responsible for knowing and following all South Carolina state laws and regulations, and local ordinances pertaining to bicycle equipment and riding requirements and prohibitions. Participants will follow state vehicle and bicycle laws.
Use of bicycles is restricted. Participants may ride along park roads and in parking areas. Participants will ride in the direction of traffic. Participants will ride no more than two abreast. Participants shall not ride over any trail, lawn, or pedestrian walkways. Bicycles may be walked on sidewalks, walking paths, and lawns. Participants shall not block walkways or visitor access routes.
Bicycles must be rested in designated bike racks or at the authorized staging location. Bicycles may not be rested against any natural feature or building structure. Bicycles are not permitted inside Fort Moultrie, or any other historic or non-historic structure.
At the Fort Moultrie site, support vehicles must park in the designated staging location identified in this CUA. Idling vehicles is prohibited.
Rider support must be delivered “tailgate style” from the back of a support vehicle. Setting up of canopies and tents is prohibited. Up to two 4’, or one 6’ table(s) may be set up at the support vehicle to provide refreshments if the park’s designated picnic area is otherwise in use. The park’s designated picnic area is first-come, first-served, and may not be reserved. Vehicles must stay on designated roads, parking areas, and within the designated staging area. It is prohibited to drive vehicles up to the park’s designated picnic area.
CUA Holder is responsible for ensuring all activity generated refuse is properly contained and disposed of upon completion of the activity. Park trash receptacles may be used. Participants shall leave the designated staging location and other areas used in as good, or better condition from when they arrived.
Business solicitation is prohibited within park boundaries.
CUA Holder is not permitted to give guided tours of the park. CUA Holder may request a guided tour by park staff or volunteer for their group. Accommodating such requests is dependent on staffing availability and not guaranteed.
All wildlife at Fort Sumter and Fort Moultrie NHP is protected by federal law. As such any approaching, harassing, or feeding of all animals is prohibited.
Smoking is prohibited within park boundaries except for inside personal vehicles, or within 5 feet of personal vehicles when parked in a paved or gravel parking lot. Smoking means the carrying or direct inhalation of lighted cigarettes, cigars or pipes, and electronic cigarettes or similar devices.
Fort Sumter and Fort Moultrie NHP has a zero tolerance to drugs. Violators will be cited and/or arrested.
CUA Holder is responsible for consulting with the park on any activities not covered in these conditions or on any questions that arise, before acting. Issuance of this authorization is for the current year and does not mean an automatic renewal of the authorization for future years.
The CUA Holder is required to submit the annual CUA report (NPS Form 10-660) by no later than January 31 for the previous calendar year operations. This report will be used to calculate the market price fee. The market price fee will be invoiced using Pay.gov to allow for online payment. Payment is due within 30 days of being invoiced. Annual reports and market price fee payments are due before the park will process new CUA applications. Failure to submit the annual report and/or market price fee will result in the revocation of the Commercial Use Authorization and/or new CUA applications will not be considered.
Insurance Requirements
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 $1,000,000 per occurrence. 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 as long as the passengers do not disembark.
Other Required Insurance
Commercial Auto Liability Insurance is required if a CUA holder transports passengers or uses owned/leased/rented vehicles in the performance of the service in the park. If a CUA holder charters the vehicle and those chartered vehicles are owned and operated by another company, the CUA holder is not required to have Commercial Automobile Liability insurance. The minimum Commercial Auto Liability Insurance for interstate passenger transport is:
- 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.
- 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.
Reporting Requirements
At Fort Sumter and Fort Moultrie NHP, Bicycle Tour CUA Holders are not required to submit a monthly report. However, the park reserves the right to request a monthly report (NPS Form 10-660A). When requested, the monthly report shall be submitted to the park within 15 days.
Required Documentation
Have the following documentation ready to upload or available on your Company Profile:
Liability Insurance.
List of guides with contact and CPR/First-Aid confirmation.
Safety and Operations Plan, including equipment list and activity description.
Number and type of support vehicles if applicable.
Copy of risk acknowledgement or waiver release forms used - must meet NPS standards.
CUA Fees
The application fee for this CUA is $350.
If you have paid for a previous CUA applications for this park during this CUA season, your application fee will be discounted by $100.
The management fee for this CUA is a market price fee based on a percentage of your revenue earned from in-park or park-dependent operations. The fee is not based on your overall revenue or on revenue earned from services not authorized by the CUA that do not occur in-park or are park-dependent. The NPS defines park-dependent operations as those commercial activities that are packaged and sold, marketed to include, or coincidentally include, entry into the park boundaries for part or all of the activity duration.
Less than $250,000 earned from park-based operations - 3% of gross receipts (minus application fee).
$250,000 to $500,000 earned from park-based operations - 4% of gross receipts.
More than $500,000 earned from park-based operations - 5% of gross receipts.
You are required to report revenue each year when you submit the mandatory annual CUA report. The market price management fee is due after NPS staff verifies report accuracy.
The CUA application fee is non-refundable, and you are responsible for ensuring you are applying for the correct CUA service type.
This application is for Bicycle Tours in Fort Sumter and Fort Moultrie National Historical Park.