Attachment_A-Camping_Commercial_Use_Authorization-Sample_For_Posting_Release.pdf

Form 10-115 UNITED STATES DEPARTMENT OF THE INTERIOR

Rev. 11/15/2016 National Park Service

Gateway National Recreation Area

Park Contact: Business Services Division at gateway_bmd@nps.gov

Phone Number: (718) 354-4665

COMMERCIAL USE AUTHORIZATION

UNDER THE AUTHORITY OF P.L. 105-391 Section 418, (54 U.S.C. 101925)

1. Authorized Activity: Operation of a Pilot

Camping Program in Fort Tilden 169th Street or at

Davis Road, part of the Jamaica Bay Unit of GATE

2. Authorization Holder Information:

Business Name:

Contact Name:

Address:

Phone and Fax:

Permit Number:

GATE-1770-STU-XXXX

Authorization Date/Time: Anticipated Dates:

August 4 – September 17, 2017

Expiration Date/Time:

Name of Area: Location A, B, or C in Fort Tilden, as depicted in Attachment A

3. The Holder is hereby authorized to use the following described land or facilities in the above named area

(area must be restored to its original condition at the end of the authorization): Fort Tilden, part of the Jamaica

Bay Unit of GATE, at the location depicted in Attachment A.

4. Summary of authorized activity: The Holder is hereby authorized to operate a Pilot Camping Program consisting of no more than ten (10) campsites containing temporary structures suitable for overnight or multi-day camping at the locations identified by NPS. The Holder is required to manage the site and undertake or provide the following:

a. Reservation System

b. Sleeping accommodations for multiple guests in each structure

c. Shower areas. On-site discharge of greywater is prohibited. All greywater must be removed from site at operator's sole expense. Coordination with park staff for truck scheduling will be required.

d. Comfort Stations/Toilets- Must be cleaned, maintained, and pumped out if applicable and carted off-site, at the operator’s sole expense

e. Picnic Areas - NPS picnic areas are authorized by permit only and are not available for use in connection with camping activities proposed or authorized under this solicitation. The operator may bring in picnic tables to support the camping pilot program and must be located within the identified locations.

f. Fire Pits or Rings - Subject to review and approval by NPS safety officer and fire protection officer.

g. A camp store - For camping related supplies and equipment. Pre-packaged food and non-alcoholic beverage items may be sold under this permit. Any prepared foods will require a public health inspection by the NPS Public Health Officer.

h. Trash and Waste Removal- Operator should support the park’s carry-in-out policy, but is ultimately responsible for all trash removal generated at the site. The park may identify an area to be used in connection with trash collection and removal responsibilities under this Authorization..

The park facilities staff will coordinate with the operator on trash removal.

i. Lockers

j. On-site host or representative who must be available during all camper check-in and must also be available during night hours from 8PM to 8AM, 7 days per week for the duration of the program.

k. Campers must be advised that site check-in must take place between 9am-6 pm.

l. CUA Holder Contact Information that must be posted in a visible location at all times.

m. Marketing materials such as but not limited to brochures, tear sheets, and print advertising, all of which must be approved by NPS.

n. Appropriate signage which must be approved by NPS.

o. Parking: The Park will issue (1) parking permit per camp site. Enforcement of park rules and regulations (see conditions 18 and 19).

p. Maximum Stay - No guest is allowed to book more than seven consecutive days at any camp site.

☐ Out- of- Park: The commercial services described above must originate and terminate outside of the boundaries of the park area. This permit does not authorize the Holder to advertise, solicit business, collect fees, or sell any goods or services within the boundaries of the park area.

☑In-Park: The commercial service described above must originate and be provided solely within the boundaries of the park area

5. NEPA/NHPA Compliance:

☐Categorical Exclusion ☐ EA/FONSI ☐ EIS ☐ Other Approved Plans PEPC NUMBER:

6. Reasonable fee: (Cost recovery required at a minimum)

Application Fee: ☑ Required Amount $150.00 Received ___________

Administrative Fee: ☐ Required ☑Not Required Amount ____________

Management Fee: ☐Required ☐Not Required Amount ____________

Market Price: ☐Required ☐Not Required Amount ____________

Other Fee (Facility Use Fee, Gate Access or Other): ☐Required ☐Not Required Amount ___________

7. Insurance:

Liability: ☑Required ☐Not Required Coverage Amount $1,000,000 per occurrence

$3,000,000 aggregate

Auto: ☐Required ☑Not Required Coverage Amount_______________

Boat: ☐Required ☑Not Required Coverage Amount_______________

Airplane: ☐Required ☑Not Required Coverage Amount_______________

ISSUANCE of this authorization is subject to the conditions below. The undersigned hereby accepts this authorization subject to the terms, covenants, obligations, and reservations, expressed or implied herein.

8. SIGNATURES

Authorization Holder:

Signature Title Date

Authorizing NPS Official:

Jennifer T. Nersesian Superintendent, GATE Date

Authorizing NPS Official:

(additional if required) Signature Title Date

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 park 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. The commercial services described above are to be provided to park area visitors at reasonable rates and under operating conditions satisfactory to the park area superintendent.

3. Rates: The Holder shall provide commercial services under this authorization to visitors at reasonable rates and under operating conditions satisfactory to the area Superintendent.

4. 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.

5. Insurance: 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.

6. Fees: 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 authorization 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 at the end of the year.

7. Benefit: No member of, or delegate to, Congress, or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit that may arise from this Contract. This restriction shall not be construed to extend to this Contract if made with a corporation or company for its general benefit.

8. Transfer: This authorization may not be transferred or assigned without the written consent of the park area Superintendent.

9. Termination: This authorization may be terminated upon breach of any of the conditions herein or at the discretion of the park area

Superintendent.

10. 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.

11. 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 park area Superintendent.

12. Reporting: The Holder is to provide the park area Superintendent upon request (and, in any event, immediately after expiration of this authorization) 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 park area superintendent may request, including but not limited to, visitor use statistics, and resource impact assessments.

13. 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 and the Government Accountability Office access to its books and records at any time for the purpose of determining compliance with the terms and conditions of this authorization.

14. 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 contract 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.

15. Visitor Acknowledgment of Risks (VAR): The Holder is not permitted to require clients to 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. A sample Acknowledgment of Risk form may be obtained by contacting the CUA office at (718) 354-4665 or by going to the park CUA webpage at https://www.nps.gov/gate/getinvolved/dobusinesswithus.htm.

16. 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 Services", 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.

17. 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

18. Camping Rules and Regulations: The Holder is required to abide by and enforce the following Rules and Regulations:

a. Glass containers, alcoholic beverages, and pets are prohibited in the campground. 36 CFR 1.5

b. Only 6 people and 2 temporary structures are permitted per campsite (e.g. tent or screen shelter). 36 CFR 2.10 ( a)

c. Resale, auction, or transfer of campsite reservations is prohibited. 36 CFR 2.3

d. Leaving property unattended for more than 24 hours is prohibited. 36 CFR 2.22(a)(2)

e. Trash may not be left unattended. All trash must be removed from the campsite and placed in the dumpster, if any, provided or removed as otherwise directed by NPS. 36 CFR 2.14

f. Food must be stored properly away from wildlife. Food cannot be left unattended. 36 CFR 2.10 (d)

g. Fires are only permitted within the campfire ring or similar amenity, if any, provided specifically for this use. 36 CFR

2.13 (a) (1)

h. Fires must always be attended and put out completely with water when not attended. Do not let them smolder. 36 CFR

2.13 (a) (4), 36 CFR 2.13 (b)

i. Firewood may be purchased at check in. Collecting firewood in the park is not permitted. No outside wood is permitted in the park. 36 CFR 1.5

j. Tying or stringing hammocks, clotheslines or tarps to trees is prohibited. 36 CFR 2.1(a)

k. Children under 18: Reservations at this facility require an adult (18 and older) be present onsite.

19. Additional Rules - Park Compendium: See the Superintendent's Compendium for a complete list of park rules which can be found here: https://www.nps.gov/gate/learn/management/upload/2017-Gateway-Compendium.pdf

20. Access: The CUA Holder will be required to provide NPS with full and free access to the Authorized Premises to ensure NPS satisfaction with the CUA Holder’s compliance with the terms of the CUA.

21. Inspections: Inspectors from NPS will visit the Authorized Premises unannounced to inspect operations and ensure the Authorized

Premises are properly maintained. Should the CUA Holder fail to comply with the cleaning site maintenance, and operational services required by his or her Authorization, NPS shall issue a written notice stating any deficiencies, and the CUA Holder shall be required to undertake corrective measures within the time frame set forth in the in such notice. If the CUA Holder fails to cure the deficiency violation within the time frame set forth in the notice, NPS may at its option and discretion, in addition to any other remedies available to it, suspend, terminate, or revoke the CUA. NPS does not provide any right to file or adjudicate an appeal.

https://federalregister.gov/a/2014-23533 https://www.nps.gov/gate/getinvolved/dobusinesswithus.htm

22. Suspension, Revocation, Termination: This CUA may be suspended, revoked, or terminated at the discretion of the

Superintendent upon 24 hours’ notice, or without notice if damage to resources or facilities occurs or is threatened, or in the event the

Superintendent determines it necessary in the interest of public safety, public health, or general welfare, notwithstanding any other term or condition of the Authorization to the contrary.

23. Unforeseen and Emergency Events:: NPS reserves the right to suspend operations during special and unforeseen events, including emergencies.

24. Impacts: A CUA Holder must conduct business and daily activities in such a manner as to minimize impacts on the natural scene, including erosion control and protection of native species. The CUA Holder must remove litter from the Authorized Premises as frequently as is necessary to ensure that the grounds are clean and to ensure that wildlife attractants are minimized. The CUA Holder must also promptly remove debris in the operating area of the Authorized Premises.

25. Storage: The CUA Holder shall be responsible for, at its sole cost and expense, obtaining any additional storage required for the operation of the CUA. The CUA Holder shall not store any equipment or supplies at the Authorized Premises without the prior, written approval of NPS. No item shall be placed upon any public space, including the ground adjacent to the Authorized Premises without prior, written approval of NPS. If NPS authorizes use of any temporary storage unit, the CUA Holder will be required to store all outdoor equipment in an enclosed modular unit on a nightly basis and anytime the CUA operation is closed. NPS must pre-approve all temporary modular storage units.

26. Public Health Supervision: Where applicable, the NPS Public Health Program provides support for food service operations through the provision of periodic food establishment assessments. The assessments are conducted on a frequency established by NPS. All assessments will be completed pursuant to guidelines established by applicable law, regulation, and policy, including the most recent version of the Food and Drug Administration (FDA) Food Code, which can be found at:

http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/. Assessments conducted by NPS will be undertaken by Regional Public Health Consultants or Park Sanitarians.

27. Removal of CUA Holder Personal Property and Temporary Structures: On or before the Expiration Date or Termination Date of this CUA, the CUA Holder shall remove any personal property and any temporary structures authorized for use by NPS and ensure the area authorized for use in connection with the CUA Holder’s activity is left in as good an order and condition as that existing upon the issuance of the CUA. NPS will deem personal property and any temporary structures authorized for use by NPS

“abandoned property” in the event same is not removed as required.

28. Acceptance of Terms: By signing the second page of this Commercial Use Authorization, the 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 termination of this authorization.

Emergency contact: United States Park Police: (718) 338-3988 http://www.fda.gov/Food/FoodSafety/RetailFoodProtection/FoodCode/FoodCode2009/

Attachment A

Reserved for Selected Site (A, B or C)

Locations A, B, and C

(Fort Tilden, part of the Jamaica Bay Unit of GATE)