Permit Conditions

There are conditions applied to each Commercial Use Authorization (CUA). CUA holders are required to comply with all conditions of their permit. Failure to follow conditions of the permit can result in loss of CUA privileges or preclude someone from applying for a new CUA the following year. The terms and conditions are broken down into three different areas:

General Conditions

These are conditions that apply to all CUAs in the National Park Service and do not differ from park to park.

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 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.

8. 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.

9. 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.

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

11. 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.

12. 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.

13. 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.

14. Reporting: The holder must submit annually the CUA Annual Report (NPS Form 10-660) by January 31 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.

15. 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.

16. 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.

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. 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.

19. 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.

20. 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.

21. 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.

General Park Specific Conditions

These are conditions that apply to all types of CUAs at Castillo de San Marcos National Monument.

1. All CUA activity must:
   (a) Be appropriate to the purposes for which the Park was created as set forth in its enabling legislation.
   (b) Have minimal impact on the park’s resources and values.
   (c) Be consistent with all applicable park area management plans, policies, and regulations.

2. CUA holders are required to have a copy (physical or digital) of their commercial use authorization on their person anytime they are operating on the grounds of Castillo de San Marcos National Monument.

3. The permit is only for the specific area(s) and time(s) designated on the front of the permit.

4. CUA holders are required to submit an employee roster of staff that will be providing tours at the Castillo at the time of application and thereafter annually by January 31st of each year or within 30 days of a change in staff.

5. CUA holders are required to wear a form of identification that minimally identifies the name of the company and the employees first name and last initial when operating on the grounds of Castillo de San Marcos National Monument. The form of identification may be a badge, embroidered/printed shirt, or other type of identification provided it is clearly visible and identifiable.

6. All CUA holders are required to complete annual reporting requirements by January 31st of each year for the previous calendar year.

7. CUA Groups are prohibited from entering the following areas:
   (a) Spanish Guard Rooms
   (b) Room 5/Storage Room
   (c) Locked or “Staff Only” Room
   (d) Any area that is signed as closed or prohibits an activity.

8. CUA holders are required to provide a safety and information briefing with clients before each tour or event and minimally cover the information contained in attachment C of the CUA.

9. All injuries that occur during a tour or event must be reported on the annual report. Any medical incident or injury requiring medical aid beyond Basic First Aid must be reported to the National Park Service immediately by contacting an on-site park ranger or dial 911 for immediate medical response. After the emergency, a company representative must report the incident by contacting the CUA Coordinator at 904-469-8339 or emailing [e-mail].

Activity Specific Conditions

These are conditions that only apply to a particular type of CUA at Castillo de San Marcos National Monument.

Educational Tours

1. All Educational Tours that include a tour of the interior of Castillo de San Marcos National Monument must be reserved using the Recreation.gov platform. Interior tours of the Castillo are limited to maximum of 38 people per time slot, not including the guide. Each time slot is limited to a 30-minute tour inside the Castillo. A CUA holder can reserve a maximum of 8 tours of the interior of the Castillo per day (up to 304 people).

2. CUA holders may not make tour reservations without a committed client. Booking tours in anticipation of filling it with clients later is prohibited. CUA holders will be required to show proof of committed clients if requested by the park.

3. CUA holders are required to have accurate reservations specifying the correct number of tour participants. Reservations must be fully paid prior to the start of the tour. CUA holders may make reservation modifications on Recreation.gov until 7AM the day of the tour.

4. Three (3) tour slots per half hour are available to be reserved on a first come first served basis for the interior of the Castillo. Tour slots are typically available Monday through Friday between 9:00 AM and 4:00 PM excluding. the hours between 12PM and 1PM. Two tour slots are available on Saturday and Sunday at 9AM only.

5. Exterior tours of the Castillo are not limited to a specific number of people or length of tour time; however, the Superintendent may impose limitations at any time if the size, duration, and frequency of the tours is determined to be having an impact on the resource.

6. CUA holders are prohibited from setting up chairs, tables, props or providing food or beverages other than bottled water.

7. CUA holders are required to provide a safety and information briefing before and after each tour covering the minimum information contained in attachment C of the CUA authorization.

8. Tour schedules are subject to closures at the discretion of the Superintendent.

9. Commercial guided tour reservation time slots may only be reserved and used by current CUA holders.

10. In addition to annual reporting requirements, CUA holders are required to report exterior only tour data by submitting NPS Form 10-660A each month for each type of CUA they hold no later than the 15th of every month for the previous month.

11. CUA holders are required to check for tour availability prior to committing to any group to provide tours as tour schedules will not be modified.

12. The 30-minute tour time inside the Castillo begins at the time of the reservation. CUA holders must modify tour content for any tour group that starts late to ensure the tour group exits the inside of the Castillo no later than the end of the 30-minute reservation window.

13. CUA holders must manage their tour groups to ensure their group stays together and moves single file throughout the interior of the Castillo and to the right side in narrow areas such as on the stairs, drawbridge or sallyport.

14. CUA holders may not block or congregate on draw bridges, walkways, stairs, entrances to casemates or the area of the well.

15. Use of sound amplification devices are prohibited.

16. Content Guidelines
    
    (a) Educational tours/activities conducted in the Castillo and/or on the grounds of Castillo de San Marcos NM must broadly match with approved, appropriate NPS content. This does not limit additional components that may be of interest, but those must be submitted, reviewed, and approved for use in fort tours. Approved interpretive themes include Contest of Nations (competition for New World colonies), Construction of the Castillo, America’s First Great Melting Pot (cultural, religious, and other diversity), American Indian Incarcerations, and Preservation & Stewardship. Minimally, tour content should reflect the educational content available on the park website for teacher lead tours.
    
    (b) Each CUA company must have a quality control system in place to ensure content accuracy and appropriateness of fort tours. This quality control system will be reviewed annually by the NPS.
    
    (c) NPS staff will randomly audit tours to ensure quality content standards are ment and permit requirements are being met.

17. New employees of CUA holders that will be leading educational tours inside the Castillo will be required to attend an orientation of Castillo operations provided by NPS staff before being allowed to conduct tours on their own. CUA holders will be responsible for contacting the CUA coordinator to schedule an orientation time.

18. CUA holders are required to be engaged with their group the entire time inside the Castillo and may not release their groups to explore the inside of the Castillo on their own. Tour guides must lead their entire group out of the Castillo to an area at least 100’ away from the entrance plaza before ending a tour.

Recreational Tours

1. CUA holders may not block or congregate on sidewalks or any area of the monument in a manner that would prohibit the public from passing by or through the area.

2. Exterior tours of the Castillo are not limited to a specific number of people or length of tour time; however, the Superintendent may impose limitations at any time if the size, duration, and frequency of the tours is determined to be having an impact on the resource.

3. CUA holders are prohibited from setting up chairs, tables, or props, or providing food or beverages other than bottled water.

4. The grounds and facilities of the monument are subject to closures at the discretion of the Superintendent.

5. In addition to annual reporting requirements, CUA holders are required to report exterior-only tour data by submitting NPS Form 10-660A each month for each type of CUA they hold no later than the 15th of every month for the previous month.

6. Recreation tours will be monitored for permit compliance, but tour content will not be reviewed.

7. Recreational tours may be conducted daily between the hours of 5PM and 12AM. Recreational tours are prohibited when the park is closed between 12AM and 6AM.

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