CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE granting Downtown Seattle Association permission to install, maintain, and operate interactive media kiosks in public places located in the Metropolitan Improvement District and in other participating Business Improvement Areas, for a 16.5-year term, renewable for one successive 13.5-year term; specifying the conditions under which this permit is granted; suspending and superseding Sections 15.12.010, 23.55.001-23.55.003, 23.55.005, 23.55.008, 23.55.014, 23.55.015, 23.55.022, 23.55.024, 23.55.028, 23.55.030, 23.55.034, and 23.55.036 of the Seattle Municipal Code to the extent inconsistent; providing for the acceptance of the permit and conditions; and authorizing the Mayor to execute a Memorandum of Understanding with Downtown Seattle Association.
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WHEREAS, Downtown Seattle Association (DSA) is a 501(c)(4) non-profit membership organization duly incorporated and registered to do business in Washington, whose primary area of concern is the downtown area defined as the Metropolitan Improvement District (MID); and
WHEREAS, DSA’s purpose is to promote, advance, and stimulate civic, business, commercial, and residential interests and general welfare in Downtown and to encourage, promote, and stimulate change and advances for the general improvement and welfare of Downtown; and
WHEREAS, DSA exists to acquaint and inform the public as to its objectives and to stimulate public opinion and reaction to these ends by providing information and other civic, educational, commercial, industrial, social, and public features as will encourage, foster, and stimulate these purposes; to encourage, foster, and stimulate commerce, trade, finance, and professional interests; and encourage, foster, and stimulate change and advances for the general improvement and welfare of the downtown area and adjoining areas; and
WHEREAS, The City of Seattle (“City”) and DSA are both interested in the potential benefit to the public that will result from the deployment of interactive media kiosks (“Kiosks”); and
WHEREAS, DSA has determined that Kiosks can be used in a variety of ways to enhance city communication, commerce, entertainment, educational, and civic affairs and that their installation, deployment, and operation in selected parts of the city will benefit the city as a whole and has actively engaged with vendors of kiosks to better understand how the use of such technology will meet the needs of Seattle’s downtown residents, visitors, and tourists; and
WHEREAS, the City and DSA believe that Kiosks will play a role in the revitalization of the downtown core, as well as in other commercial areas across the city; and
WHEREAS, DSA has actively engaged a third-party vendor (“Vendor”) of Kiosk technology to provide static and digital content such as wayfinding, public service, safety announcements, and commercial advertising; and
WHEREAS, DSA maintains that Kiosks’ installation, deployment, and operation in Downtown and other participating Business Improvement Areas (BIAs) across the city will provide benefits to the public; and
WHEREAS, the Kiosks will further the City’s interest in equity by providing free Wi-Fi hubs throughout Downtown and in participating BIAs, benefiting those who may not be able to afford these services; and
WHEREAS, the Kiosks will also serve a public safety function by providing a 911 call function to allow the public to seek police, fire, and emergency medical help; and
WHEREAS, DSA will contract with the Vendor for the Kiosks, and the City agrees to have the Kiosks deployed on City rights-of-way in the MID and other participating BIA boundaries; and
WHEREAS, revenues generated by Kiosks and collected by the City would be dedicated to general government purposes, which could include public safety, community investments, and maintenance activities in and around the right-of-way; and
WHEREAS, the City and DSA have prepared a Memorandum of Understanding (MOU) that becomes effective contingent upon the City passing legislation granting permission for DSA to install the Kiosks on City rights-of-way; and
WHEREAS, the Seattle City Council adopted Resolution 32170 providing conceptual approval for the Kiosks, and DSA has met the obligations described in this resolution; and
WHEREAS, the adoption of this ordinance is the culmination of the approval process for the Kiosks to legally occupy the right-of-way, and the adopted ordinance is considered to be the permit; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Permission. Subject to the terms and conditions of this ordinance, The City of Seattle (“City”) grants permission (also referred to in this ordinance as a permit) to the Downtown Seattle Association (DSA), and its successors and assigns as approved by the Director of the Seattle Department of Transportation (“Director”) according to Section 19 of this ordinance (the party named above and each such approved successor and assign is referred to as the “Permittee”) to install, maintain, and operate up to 80 interactive media kiosks (“Kiosks”) in rights-of-way located in the Metropolitan Improvement District (MID) boundary and in other participating Business Improvement Areas (BIAs). This ordinance suspends and supersedes the following sections of the Seattle Municipal Code for purposes of the permission granted by this ordinance to the extent those sections are inconsistent with that permission: Sections 15.12.010, 23.55.001-23.55.003 (intent and scope of sign provisions and prohibited signs), 23.55.005 (video display methods), 23.55.008 (signs near intersections or driveways), 23.55.014 (off-premises signs), 23.55.015 (sign kiosks and community bulletin boards), 23.55.022 (signs in multifamily zones), 23.55.024 (signs in residential commercial [RC] zones), 23.55.028 (signs in NC1 and NC2 zones), 23.55.030 (signs in NC3, C1, C2 and SM zones), 23.55.034 (signs in downtown zones), and 23.55.036 (signs in IB, IC, IG1 and IG2 zones).
Deployment 1 will consist of 30 Kiosks located in the MID. Deployment 2 will include 30 additional Kiosks in the MID and 20 Kiosks in other participating BIAs. The other participating BIAs are Ballard, SODO, University District, and West Seattle. Kiosks shall not be located in areas outside the MID or the participating BIAs. The Permittee shall not be authorized to commence Deployment 2 without receiving written approval to proceed from the City.
The City acknowledges that the Permittee has entered a contract with a third-party vendor (“Vendor”) to install, operate, and maintain the Kiosks. Notwithstanding that a Vendor will install, operate, and maintain the Kiosks under a contract with the Permittee, the Permittee shall be exclusively responsible for complying with all the terms and conditions of this term permit, except that participating BIAs will bear secondary responsibilities for maintaining the Kiosks.
Section 2. Participating BIAs. The Permittee may install, maintain, and operate Kiosks in participating BIAs. The participating BIAs are Ballard, SODO, University District, and West Seattle. Before any Kiosks are located in one of these BIAs, the BIA shall notify the City in writing on a form provided by the City that it will join the permit as an “Additional Permittee” and as an Additional Permittee, accept secondary responsibilities for maintaining the Kiosks. Only the listed BIAs may join as an Additional Permittee. Either the Permittee, BIA, Vendor, or their third-party contractor may apply for site specific installation permits; however, the City will require proof that the BIA has identified and approves of any Kiosk located in its boundary.
Section 3. Term. The permission granted to the Permittee is for a term of 16.5 years starting on the effective date of this ordinance and ending at 11:59 p.m. on the last day of the 16.5 years. The Permittee may apply to renew the permit no later than one year before the then-existing term expires. The City Council may renew the permit once for a successive 13.5-year term, subject to the right of the City to not renew the permit at the end of the then-existing term and require the removal of the Kiosks, or to revise by ordinance any of the terms and conditions of the permission granted by this ordinance. At the sole discretion of the City, the City may decide not to renew the permit at the expiration of a term. The total term of the permission, including renewals, shall not exceed 30 years. Any new application would be subject to the fees and criteria in place at the time of the new application. If the Memorandum of Understanding (MOU) between the City and the Permittee terminates, then the Permission granted by this ordinance shall automatically terminate. Notwithstanding the termination of the permission, the Permittee shall remain bound by all of its obligations under this ordinance, including but not limited to Sections 12, 19, 21, 22, and 27 of this ordinance, until the Director has issued a certification that the Permittee has fulfilled any removal and restoration obligations in Section 6 of this ordinance.
Section 4. Protection of utilities. The permission granted is subject to the Permittee bearing the expense of any protection, support, or relocation of existing utilities deemed necessary by the owners of the utilities, and the Permittee being responsible for any damage to the utilities due to the construction, repair, reconstruction, maintenance, operation, or removal of any or all of the Kiosks and for any direct or consequential damages that may result from any damage to utilities or interruption in service caused by any of the foregoing.
Section 5. Removal for public use or for cause. The permission granted is subject to use of the street right-of-way or other public place (collectively, public place) by the City and the public for travel, utility purposes, and other public uses or benefits. The City expressly reserves the right to deny renewal, or terminate the permission at any time before expiration of the initial term or any renewal term, and require the Permittee to remove any or all Kiosks or any part thereof or installation on the public place, at the Permittee’s sole cost and expense if:
A. The Director determines that the space occupied by the Kiosk is necessary for any public use or benefit or that any Kiosk interferes with any public use or benefit;
B. The Director determines that any term or condition of this ordinance has been violated, and the violation has not been corrected by the Permittee by the compliance date after a written request by the City to correct the violation unless a notice to correct is not required due to an immediate threat to the health or safety of the public; or
C. The Permittee or Vendor ceases as a corporate entity or files for federal bankruptcy.
Section 6. Permittee’s obligation to remove and restore. If the permission granted is not renewed at the expiration of a term, or if the permission expires without an application for a new permission being granted, or if the City terminates the permission, then within 90 days after the expiration or termination of the permission, or before any earlier date stated in an ordinance or order requiring removal of the Kiosks, the Permittee shall, at its own expense, remove the Kiosks and all of the Permittee’s equipment and property from the public place and replace and restore all portions of the public place that may have been disturbed for any part of the Kiosks in as good condition for public use as existed before installing the Kiosks, and in at least as good condition in all respects as the abutting portions of the public place as required by Seattle Department of Transportation (SDOT) right-of-way restoration standards.
Failure to remove the Kiosks as required by this section is a violation of Chapter 15.90 of the Seattle Municipal Code (SMC) or successor provision; however, applicability of Chapter 15.90 does not eliminate any remedies available to the City under this ordinance or any other authority. If the Permittee does not timely fulfill its obligations under this section, the City may in its sole discretion remove the Kiosks and restore the public place at the Permittee’s expense and collect such expense in any manner provided by law.
Upon the Permittee’s completing the removal and restoration in accordance with this section, or upon the City completing the removal and restoration and the Permittee’s payment to the City for the City’s removal and restoration costs, the Director shall issue a certification that the Permittee has fulfilled its removal and restoration obligations under this ordinance. Upon prior notice to the Permittee and entry of written findings that it is in the public interest, the Director may, in the Director’s sole discretion, conditionally or absolutely excuse the Permittee from compliance with all or any of the Permittee’s obligations under this section.
Section 7. Repair, reconstruction, or relocation. The Kiosks shall remain the exclusive responsibility of the Permittee, and the Permittee shall maintain the Kiosks in good and safe condition for the protection of the public, maintaining the Kiosks free of graffiti, and promptly repairing any vandalism and inoperable or broken Kiosks. The Permittee states Kiosks are manufactured for a ten-year lifespan. The Permittee shall update and upgrade hardware parts as needed on an ongoing basis over the life of the Kiosk. Kiosks shall be equipped with a default mechanism that automatically freezes the sign display or makes the sign display turn off and remain blank if a malfunction occurs. The Kiosks shall have exterior branding which displays the name of Permittee and any applicable Vendor. In addition to such exterior branding, the Kiosk dashboard will display contact information for Permittee and any applicable Vendor to give the public the opportunity to report maintenance issues.
The Permittee shall not reconstruct, repair, or relocate Kiosks except in strict accordance with plans and specifications approved by the Director. The Director may, in the Director’s judgment, order Kiosks to be reconstructed, repaired, or relocated at the Permittee's cost and expense because of the deterioration or unsafe condition of any or all of the Kiosks; the installation, construction, reconstruction, maintenance, operation, or repair of any municipally-owned public utility or transportation-related facility; or for any other cause.
Section 8. Prohibited locations. Kiosks are prohibited in:
A. The Shoreline District as defined in SMC Section 23.60A.010;
B. Landmark Districts, Historic Districts, and Special Review Districts (SMC Title 25, and Chapter 23.66);
C. The Seattle Center Sign Overlay District (Part 4 of SMC Chapter 23.55);
D. Park drive or boulevard as defined in SMC subsection 15.02.046.B;
E. Right-of-way on the same block face as a City-owned park, playground, or community center, except if, after consultation with Seattle Parks and Recreation, it is determined by the Superintendent that the Kiosk does not conflict with or distract from existing park, playground, or community center signs, elements, or infrastructure; and
F. Any right-of-way in the City except as permitted by this term permit in the MID and other participating BIAs.
Section 9. Siting standards.
A. Kiosks shall be sited to:
1. Meet standards and clearances required by the Right-of-Way Improvements Manual, Streets Illustrated, or successor rule, with additional restrictions listed in this term permit.
2. Provide clearance from signalized, stop, yield, and uncontrolled intersections based on distance to achieve stopping sight distance for vehicles and bicycles. Minimum clearances, which are based on street characteristics, including lane widths, curb radii, objects that may impede sight lines, and if the Kiosk is proposed on the approach or far-side (leaving) intersection, and if the Kiosks are on the left or right side of the road, are set forth in Attachment B in the Director’s Report for Resolution 32170. The minimum clearances set forth in that attachment may be modified by the SDOT Traffic Engineer or designee in consideration of pedestrian and traffic management.
3. Be located in the furniture zone of the sidewalk unless otherwise approved by SDOT.
4. Locate no more than one Kiosk per block face as defined in SMC Section 15.02.042; up to two Kiosks per block face may be installed if the block face exceeds 400 feet in length.
5. Provide an unobstructed pedestrian clear zone the width required by the Right-of-Way Improvements Manual, Streets Illustrated, or successor rule; and an unobstructed 3-foot-wide pedestrian straight path as defined in Section 15.02.046 within the designated pedestrian clear zone that extends 25 feet from the Kiosk along the block face.
6. Comply with the Americans with Disabilities Act and all applicable accessibility requirements.
7. Comply with SMC Section 23.55.042 and the Highway Advertising Control Act/Scenic Vistas Act under chapter 47.42 RCW.
B. Kiosks shall not be sited:
1. Within 180 feet from any high-collision intersections, which are defined as intersections with ten or more vehicle collisions per year, or five or more collisions involving pedestrians or bicyclists per year.
2. On streets with speed limits greater than 25 mph.
3. On a block face adjacent to a shared lane marked with “sharrows" to indicate that bikes and vehicles should share the travel way or a block face with a bicycle facility that does not have a separation between the bike facility and the nearest general-purpose lane with a minimum 18-inch lateral buffer with on-pavement hatched marking and/or a physical feature such as a parking lane, flexible delineator posts, planters, or other raised feature.
4. Within 152 feet of areas where a driver’s attention needs to be elevated, including but not limited to mid-block unsignalized crosswalks.
5. Within 50 feet of horizontal curves, lane-drops or additions, and merge/weave areas.
6. On streets with grades greater than eight percent.
7. Adjacent to bus zones, commercial vehicle or truck loading zones, shuttle or charter bus zones, music venue zones, or designated food vehicle or vending zones.
8. Adjacent to designated accessible spaces. During site specific installation application review, SDOT will work with the applicant to make sure Kiosks would not preclude accessible parking spaces or loading zones SDOT may install along streets in the future.
9. In a manner that interferes with operations at passenger loading zones, layover zones, car share, or other special zones, as determined by SDOT during site specific installation application review.
10. In a manner that inhibits the operation, maintenance, or functionality of any utilities or street fixtures, or the health of any street trees. Asset and utility owners will be routed applications during site specific installation application review to determine appropriate clearances to apply. Street tree pruning and excavation within the dripline of a street tree is subject to approval by SDOT Urban Forestry. Street trees shall not be removed to accommodate Kiosk installation.
11. In a manner that impedes motorist or bicyclist sight lines to traffic control devices or regulatory signage.
12. In front of other permitted uses authorized in SMC Chapter 15.04, including but not limited to parklets, sidewalk cafes, or curb space cafes, unless SDOT determines there is adequate pedestrian clear zone available.
13. Directly opposite a building entrance or a street-facing ground floor dwelling unit.
14. Within 20 feet of a driveway or alley.
15. When a Kiosk proposed on the same block face as an existing or proposed Seamless Seattle sign, no closer than 100 feet from an existing or planned Seamless Seattle area/map sign and no closer than 50 feet from an existing or planned Seamless Seattle nudge/directional sign.
Section 10. Kiosk design and operation standards. Kiosks shall:
A. Be no greater than 8.25 feet tall, 3.15 feet wide, and 1.04 feet deep. The maximum sign display shall be 13 square feet per side. Kiosk foundations shall be fully below grade, and the Kiosk shall be flush with the surrounding surface unless otherwise approved by SDOT.
B. Be in conformance with and complementary to the SDOT Seamless Seattle program. This shall include alignment with the map type and colors, iconography, naming conventions, and languages defined by the Seamless Seattle visual standards.
C. Be authorized for static and moving displays, with motion defined as “Media displays that include digital animation, streaming video, or images that move or give the appearance of movement. This definition applies to both static and animated media. Media displays alternate through a series of eight media displays (a content loop), with each display shown for ten seconds (dwell time). After each ten-second display, the screen transitions with a brief black screen lasting half a second before continuing to the next media display. Media displays may consist of public service announcements, advertisements, or invitations for people to engage with the Kiosk.”
D. Not display light of such intensity that interferes with the effectiveness of an official traffic sign, signal, or device or causes glare or otherwise impairs the vision of the driver.
E. Not exceed 500 nits (candela per square meter) maximum brightness level between dusk and dawn. The maximum level of brightness during daytime hours shall be 5,000 nits. Kiosks shall have a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions and adjust between daylight and nighttime hours, or that can be adjusted to comply with the nit levels above. Kiosks shall comply with SDOT Director’s Rule 1-2010, or as superseded. SDOT may direct the Permittee to reduce brightness levels or otherwise address lighting complaints at locations based on complaint history.
Any Kiosks in the public place shall not:
A. Emit sensory output such as audio or smell. The Kiosks may use a two-way speaker to communicate with 211, 311, or 911 operators.
B. Attempt or appear to attempt to direct the movement of traffic or interfere with, imitate, or resemble any official traffic sign, signal, stop sign, pedestrian or bicycle signal, or other traffic device.
C. Have flashing or strobe effects.
D. Have any connection or sequential messaging between any two or more Kiosks that are adjacent to each other or visible from one location to another. Each Kiosk content slide shall be independent of subsequent or previous Kiosk content slide.
Section 11. Content. The Kiosks shall display public information or other content of general interest to the public, including, but not limited to, wayfinding; transportation information; public safety and health information; historical and local information; public art; promotion of local arts, culture, and community events; community messaging coordinated with local non-profits, neighborhood organizations, and City departments; and public service information (“Public Content”). At minimum, each Kiosk will rotate a total of eight content slides, each with equal duration. At minimum, Public Content will be displayed on one out of every eight slides plus any other unsold content inventory, except when a user has engaged with the touch screens on the Kiosk. Public Content shall equal a minimum of 25 percent of total screen time when the touch screens are not engaged with a user on an annual basis. The City may, in exigent circumstances, such as natural disasters, public safety emergencies, or other unforeseen or disruptive circumstances, require additional messaging that exceeds the one out of eight slides rotation. The Permittee shall not unreasonably withhold its authorization from such City requests. Public Content messaging shall be distributed evenly across Kiosks within the MID and BIA boundaries. Except for City-provided public information and content, the Permittee will solely oversee and manage the content of all other information that may be displayed on Kiosks. Kiosks shall not display images that mimic or include a traffic control device such as a traffic signal, stop sign, or pedestrian or bicycle signal. The Kiosks shall comply with the latest version of the Web Content Accessibility Guidelines (WCAG) at the AA level or greater. All Kiosk content is in the sole custody of the Permittee.
Section 12. Failure to correct unsafe condition. After written notice to the Permittee and failure of the Permittee to correct an unsafe condition within the time stated in the notice, the Director may order any or all Kiosks removed at the Permittee’s expense if the Director deems that any or all Kiosks have become unsafe or creates a risk of injury to the public. If there is an immediate threat to the health or safety of the public, a notice to correct is not required.
Section 13. Continuing obligations. Notwithstanding the termination or expiration of the permission granted, or removal of the Kiosks, the Permittee shall remain bound by all of its obligations under this ordinance until the Director has issued a certification that the Permittee has fulfilled any removal and restoration obligation established by the City, or the Seattle City Council passes a new ordinance to renew the permission granted and/or establish a new term. Notwithstanding the issuance of that certification, the Permittee shall continue to be bound by the obligations in Sections 13 and 28 of this ordinance and shall remain liable for any unpaid fees assessed under Sections 20 and 22 of this ordinance.
Section 14. Release, hold harmless, indemnification, and duty to defend. The Permittee and Vendor, by accepting the terms of this ordinance, releases the City, its officials, officers, employees, and agents from any and all claims, actions, suits, liability, loss, costs, expense, attorneys’ fees, or damages of every kind and description arising out of or by reason of the Kiosks, or this ordinance, including but not limited to claims resulting from injury, damage, or loss to the Permittee or the Permittee’s property.
The Permittee and Vendor agree to at all times defend, indemnify, and hold harmless the City, its officials, officers, employees, and agents from and against all claims, actions, suits, liability, loss, costs, expense, attorneys’ fees, or damages of every kind and description, excepting only damages that may result from the sole negligence of the City, that may accrue to, be asserted by, or be suffered by any person or property including, without limitation, damage, death or injury to members of the public or to the Permittee’s or Vendor’s officers, agents, employees, contractors, invitees, tenants, tenants’ invitees, licensees, or successors and assigns, arising out of or by reason of:
A. The existence, condition, construction, reconstruction, modification, maintenance, operation, use, or removal of the Kiosks or any portion thereof, or the use, occupation, or restoration of the public place or any portion thereof by the Permittee, Vendor, or any other person or entity;
B. Anything that has been done or may at any time be done by the Permittee or Vendor by reason of this ordinance; or
C. The Permittee or Vendor failing or refusing to strictly comply with every provision of this ordinance; or arising out of or by reason of the Kiosks, or this ordinance in any other way.
If any suit, action, or claim of the nature described above is filed, instituted, or begun against the City, the Permittee or Vendor shall upon notice from the City defend the City, with counsel acceptable to the City, at the sole cost and expense of the Permittee or Vendor, and if a judgment is rendered against the City in any suit or action, the Permittee or Vendor shall fully satisfy the judgment within 90 days after the action or suit has been finally determined, if determined adversely to the City. If it is determined by a court of competent jurisdiction that RCW 4.24.115 applies to this ordinance, then in the event claims or damages are caused by or result from the concurrent negligence of the City, its agents, contractors, or employees, and the Permittee or Vendor, their agents, contractors, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Permittee or Vendor or the Permittee’s or Vendor’s agents, contractors, or employees.
Section 15. Insurance. Permittee shall obtain and thereafter maintain continuously throughout the term of this permit, at no expense to the City, the insurance described in this section. Acceptable proof of coverage shall be sent to the City at the address in the Permit. Failure of Permittee to fully comply with the insurance requirements will be considered a material breach of the Permit. The insurance shall protect the City from any and all claims and risks in connection with any activity performed by Vendor by virtue of this Permit or any use and occupancy of the property authorized by this permit.
The required coverages and limits of liability shall be:
Commercial General Liability (GCL) insurance, including:
Premises/Operations Liability
Products/Completed Operations
Personal/Advertising Injury
Contractual Liability
Independent Contractors Liability
Stop Gap/Employers Contingent Liability
The following minimum limits of liability shall be:
Combined Single Limit (CSL) Bodily Injury and Property Damage
$1,000,000 each Occurrence
$3,000,000 aggregate
$1,000,000 each Offense Personal and Advertising Injury
$100,000 Fire Damage Legal
Stop Gap/Employers Liability
$1,000,000 Each Accident
$1,000,000 Disease - Each Employee
$1,000,000 personal property
Minimum limits may be satisfied by a single primary limit or by a combination of separate primary and umbrella or excess liability policies, provided that coverage under the latter shall be at least as broad as that afforded under the primary policy and satisfy all other requirements applicable to liability insurance including but not limited to additional insured status for the City.
Business Automobile Liability. A policy of Business Automobile Liability, including coverage for owned, non-owned, leased, or hired vehicles as applicable. Minimum limit of liability shall be $1,000,000 CSL each occurrence.
Excess Insurance. A policy in excess of the Commercial General Liability and Business Automobile Liability policies that will provide a total minimum limit of insurance of $2,000,000 each occurrence and in the aggregate where applicable. The excess policy must be at least as broad as the primary policies. The policy must include Active shooter/Terrorism coverage. Permittee will maintain a minimum of $3,000,000 for a combined total CGL and Excess/umbrella coverage.
Cyber Liability Insurance. Permittee will maintain a minimum of $500,000 per occurrence in Cyber Liability coverage.
Workers’ Compensation. As respects the state of Washington, Permittee shall secure its liability for industrial injury to the respective entity’s employees in accordance with the provisions of Title 51 RCW. Permittee, with respect to the City only, waives its immunity under Title 51 RCW, Industrial Insurance.
No Limitations of Liability. The limits of insurance coverage specified herein are minimum limits of insurance coverage only and shall not be deemed to limit the liability of Permittee’s insurer except as respects the stated limit of liability of each policy. Where required to be an additional insured, the City shall be so for the full limits of insurance coverage held by Permittee, whether such limits are primary, excess, contingent, or otherwise. Any limitations of insurance liability shall have no effect on Permittee’s obligation to indemnify the City.
Changes in Insurance Requirements. The City shall have the right to periodically review the adequacy of coverages and/or limits of liability in view of inflation and/or a change in loss exposures and shall have the right to require an increase in such coverages and/or limits upon 90 days prior written notice to Permittee. Should Permittee, despite its best efforts, be unable to maintain any required insurance coverage or limit of liability due to deteriorating insurance market conditions, it may upon 30 days prior written notice request a waiver of any insurance requirement, which request shall not be unreasonably denied.
Additional Insured. Except for Worker’s Compensation (above), all applicable liability insurance policies (CGL and Auto) shall be endorsed to include both the City, its officers, elected officials, employees, agents, and volunteers as additional insured for primary and non-contributory limits of liability subject to a severability of interest clause. As respects CGL, the City must be an additional insured by means of either an appropriate additional insured endorsement to the Policy or appropriate policy wording. Vendor shall provide evidence of such insurance prior to approval of this Permit.
Deductibles. If any insurance provided under this Permit contains a deductible in excess of $50,000, Permittee or the entity providing the insurance shall:
A. Disclose such amount.
B. Be responsible for payment of any claim equal to or less than the deductible amount.
The City reserves the right to approve any deductible in excess of $50,000 by evaluating risk bearing capacity of the entity who shall provide necessary financial reports and information.
Conditions. The insurer shall be rated A-: V or higher in the A.M. Best’s Key Rating Guide and licensed to do business in the State of Washington or be filed as surplus line by a Washington surplus line broker.
The insurance policy or policies and endorsements thereto shall:
A. Be subject to approval by the City as to company, form, and coverage; and
B. Provide that the City shall receive written notice of cancellation accompanied by the actual reason therefore, which must be actually delivered or mailed 45 days prior to the effective date of the cancellation (except ten days prior to the effective date of the cancellation as respects nonpayment of premiums) per RCW 48.18.290.
Adjustment of Claims. Permittee shall provide for the prompt and efficient handling of all claims for bodily injury, property damage, or theft arising out of the activities of Permittee and subcontractors under this Permit.
Evidence of Insurance. Certificates of Insurance on ACORD or other forms will not be accepted as sole evidence of insurance. Evidence of insurance shall be demonstrated by submitting a copy of the duly executed declarations pages of the policy(ies), the endorsement forms list, and the additional insured endorsement(s). The declarations pages shall clearly show the insurer, policy effective dates, policy number, policy limits, and named insured. Reference to premiums may be blacked out. A binder shall be accepted as temporary proof of insurance pending delivery of the actual policy(ies).
All policies shall be maintained by Permittee for a period of three years after each annual permit renewal and shall be made available for City inspection if requested.
At the option of the City, Permittee may be required to submit a full and certified copy of the insurance policy(ies).
Subcontractors. Permittee shall include all subcontractors performing any work included under this contract as an insured under its policies or shall furnish separate evidence of insurance as stated above for each subcontractor. All coverage for subcontractors shall be subject to all the requirements stated herein and applicable to their profession.
Within 60 days after the effective date of this ordinance, the Permittee shall provide to the City, or cause to be provided, certification of insurance coverage including an actual copy of the blanket or designated additional insured policy provision per the ISO CG 20 12 endorsement or equivalent. The insurance coverage certification shall be delivered or sent to the Director or to SDOT at an address as the Director may specify in writing from time to time. The Permittee shall provide a certified complete copy of the insurance policy to the City promptly upon request.
If the Permittee is self-insured, a letter of certification from the Corporate Risk Manager may be submitted in lieu of the insurance coverage certification required by this ordinance, if approved in writing by the City’s Risk Manager. The letter of certification must provide all information required by the City’s Risk Manager and document, to the satisfaction of the City’s Risk Manager, that self-insurance equivalent to the insurance requirements of this ordinance is in force. After a self-insurance certification is approved, the City may from time to time subsequently require updated or additional information. The approved self-insured Permittee must provide 30 days’ prior notice of any cancellation or material adverse financial condition of its self-insurance program. The City may at any time revoke approval of self-insurance and require the Permittee to obtain and maintain insurance as specified in this ordinance.
If the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the insurance required under this section until the Director has approved the assignment or transfer pursuant to Section 19 of this ordinance.
Permittee shall include all subcontractors as insureds under its policies, or require subcontractors to carry applicable insurance policies and name the City as an additional insured.
Section 16. Third-party contract provisions. The Permittee shall submit to the Director a copy of all contracts that the Permittee enters into with the Vendor for the Kiosks. The contract shall include provisions that the Vendor:
A. Obtain liability insurance naming the City as additional insured in an amount and form approved by the City’s Risk Manager according to Section 15 of this ordinance;
B. Provide the Director with an annual certificate of insurance; and
C. Indemnify the City, in a form approved by the City, against all claims or damages arising from the use of the Kiosks or any other equipment the vendor provides under contract with the Permittee.
Provisions of the contract that address compensation may be redacted. All required documents shall be submitted by the Permittee to the Director within 60 days of the date the Permittee signs a contract with the Vendor.
The Permittee shall notify the City in writing if a new Vendor will operate the Kiosks. The Permittee shall not change Vendors without the consent of the City, which cannot be unreasonably withheld. The Director may approve in writing the change to a successor Vendor only if the successor Vendor provides the information listed in this section. Upon the Director’s written approval of the successor Vendor, the rights and obligations conferred by this ordinance to the original Vendor shall be conferred on the successor Vendor.
Section 17. Performance bond. Before applying for any site-specific installation permit, the Permittee’s Vendor shall deliver to the Director for filing with the City Clerk a sufficient bond executed by a surety company authorized and qualified to do business in the State of Washington in the amount $300,000 for the Kiosks in Deployment 1, conditioned with a requirement that the Permittee shall comply with every provision of this ordinance and with every order the Director issues under this ordinance. The Permittee shall ensure that the bond remains in effect until the Director has issued a certification that the Permittee has fulfilled its removal and restoration obligations under Section 6 of this ordinance. An irrevocable letter of credit approved by the Director in consultation with the City Attorney’s Office may be substituted for the bond. If the Permittee assigns or transfers the permission granted by this ordinance, the Permittee shall maintain in effect the bond or letter of credit required under this section until the Director has approved the assignment or transfer pursuant to Section 18 of this ordinance.
Before commencing Deployment 2, the Director will reassess the surety bond requirements. Before applying for any site-specific installation permit for Deployment 2, the Permittee’s Vendor shall deliver to the Director for filing with the City Clerk a second bond meeting the same requirements listed above in the amount determined to be sufficient by SDOT as reasonably determined at that time for the additional deployment.
Section 18. Adjustment of insurance and bond requirements. The Director may adjust minimum liability insurance levels and surety bond requirements during the term of this permission. If the Director determines that an adjustment is necessary to fully protect the interests of the City, the Director shall notify the Permittee of the basis for the adjustment and the new requirements in writing. The Permittee shall, within 60 days of the date of the notice, provide proof of the adjusted insurance and surety bond levels to the Director.
Section 19. Consent for and conditions of assignment or transfer. The permission granted by this ordinance shall not be assignable or transferable without the consent of the City, which cannot be unreasonably withheld. The Director may approve assignment or transfer of the permission granted by this ordinance to a successor entity only if the successor or assignee has provided, at the time of the assignment or transfer, the bond and certification of insurance coverage required under this ordinance; has a signed Memorandum of Understanding with the City; and has paid any fees due under Sections 20 and 22 of this ordinance. Upon the Director’s approval of an assignment or transfer, the rights and obligations conferred on the Permittee by this ordinance shall be conferred on the successors and assigns. Any person or entity seeking approval for an assignment or transfer of the permission granted by this ordinance shall provide the Director with a description of the current and anticipated use of the Kiosks.
Section 20. Inspection fees. The Permittee shall, as provided by SMC Chapter 15.76 or successor provision, pay the City the amounts charged by the City to inspect the Kiosks during construction, reconstruction, repair, annual safety inspections, and at other times deemed necessary by the City. An inspection or approval of the Kiosks by the City shall not be construed as a representation, warranty, or assurance to the Permittee or any other person as to the safety, soundness, or condition of the Kiosks. Any failure by the City to require correction of any defect or condition shall not in any way limit the responsibility or liability of the Permittee. The Permittee shall pay the City the amounts charged by the City to review the reports required by Section 21 of this ordinance.
Section 21. Reporting. The Permittee shall submit to the Director, or to SDOT at an address specified by the Director, an annual report that:
A. Describes new Kiosks installed during the year, including information on public benefit elements associated with the installation;
B. Describes the physical condition and provides photo documentation of all the Kiosks and any public benefit elements maintained by the Permittee;
C. Quantifies how revenues have been used by the Permittee to enhance the public realm;
D. Quantifies public art use of Kiosks by providing a summary of artists showcased on Kiosks over the past year, including information on the artist’s physical location and if they are a person of color;
E. Describes any damages, repairs made throughout the year, or possible repairs still needed to any element of the Kiosks as well as to any public benefit elements maintained by the Permittee;
F. Describes all active repairs and establishes a timeframe for making repairs;
G. Quantifies and summarizes each complaint received during the prior year and identifies the response or resolution and turn-around time for response or resolution;
H. Includes bi-annual evaluations for Kiosk compliance with operational standards, including but not limited to brightness levels, and certifies signs are compliant with the standards in this term permit;
I. Includes data on the number and type of collisions on the same block face as the Kiosks on a biennial basis; and
J. Provides the status of all public realm improvements completed, with the location of each.
A report meeting the foregoing requirements shall be submitted 30 days following the expiration of the first year of the term; subsequent reports shall be submitted annually 30 days following the anniversary date of the term year. If there is a natural disaster or other event that may have damaged the Kiosks, the Director may require that additional reports be submitted by a date established by the Director. The Permittee has the duty of inspecting and maintaining the Kiosks. The responsibility to submit reports periodically or as required by the Director does not waive or alter any of the Permittee’s other obligations under this ordinance. The receipt of any reports by the Director shall not create any duties on the part of the Director. Any failure by the Director to require a report, or to require action after receiving any report, shall not waive or limit the Permittee’s obligations. The Permittee shall pay any City costs associated with review of and follow up from the report.
Section 22. Annual fee. For Deployment 1, beginning on the effective date of this ordinance the Permittee shall pay an Issuance Fee and Occupation Fee of $13,320.13, and annually thereafter, the Permittee shall promptly pay to the City, upon statements or invoices issued by the Director, an Annual Renewal Fee, and an Annual Use and Occupation Fee for the privileges granted by this ordinance for the Kiosks. For Deployment 2, the City shall use the kiosk locations and determine the Annual Use and Occupation Fee. All Street Use fees are subject to change based on Consumer Price Index for the Seattle-Tacoma-Bellevue Area.
The Permittee shall pay any other applicable fees, including fees for reviewing applications to renew the permit after expiration of the first term. All payments shall be made to the City Finance Director for credit to the Transportation Fund.
Section 23. Compliance with City standards and other laws. Kiosks shall be sited in compliance with all applicable federal, state, county, and City laws, regulations, rules, and standards unless otherwise authorized by this term permit, including Section 1 of this ordinance which authorizes a use in the right-of-way that would not otherwise conform to certain sections of SMC Chapter 23.55 (Sign Code). The Kiosks shall obtain all necessary City permits for installing, removing, maintaining, or relocating any Kiosk and pay all related City permit fees, including but not limited to electrical or construction permits from the Seattle Department of Construction and Inspections, service connections from Seattle City Light, and Street Use permits. Kiosk site-specific installation permits shall be required for all installation, removal, or relocation. Maintenance activities may require Street Use permits depending upon the extent of work.
Section 24. Notification and outreach requirements. The Permittee shall follow the SDOT Street Use notification requirements when applying for site-specific installation permits, including posting notification at the proposed location. The Permittee shall also perform public outreach and notification prior to or at the time of submittal for the site-specific installation permits, including, but not limited to, written notification to street level businesses, public entities, and residences within a 100-foot radius of the proposed location and on the adjacent and opposing block face of the proposed Kiosk location. To the extent residences within the 100-foot radius are managed by a property manager, the required notice may be provided to the property manager only. Permittee shall notify in writing relevant stakeholders in the MID and participating BIAs of the proposed Kiosk locations. Stakeholders include but are not limited to neighborhood councils, business associations, boards, commissions, and other neighborhood groups. The posting and written notifications shall include contact information for the Permittee and the site-specific application number.
Section 25. Collection of data. The Permittee and Vendor are prohibited from collecting and retaining any MAC or IP addresses or any personally identifiable information from the public, other than in connection with a Kiosk’s free Wi-Fi functionality and then only to the extent a Wi-Fi user expressly provides consent. The Permittee and Vendor shall not deploy any video camera recording. The Permittee and Vendor shall not deploy any still photography functionality other than the photo booth feature that, solely when activated by a user, will take a picture of the user that can be retrieved by the user. The Permittee and Vendor shall not retain such images for any other use.
Section 26. Notice.
All notices shall be made in writing and mailed to:
Seattle Department of Transportation
Attention: Street Use Division
PO Box 34996
Seattle WA, 98124-4996
Downtown Seattle Association
1800 7th Avenue, Suite 900
Seattle WA 98101
Section 27. Acceptance of terms and conditions. The Permittee shall not commence installation of the Kiosks before providing evidence of insurance coverage required by Section 15 of this ordinance and the bond as required by Section 17 of this ordinance. Applying for a Street Use permit to install a Kiosk constitutes the Permittee’s acceptance of the terms of this ordinance.
Section 28. Obligations bind subsequent Permittees. The obligations and conditions imposed on the Permittee by this ordinance bind the Permittees’ heirs, successors, and assigns regardless of whether the Director has approved an assignment or transfer of the permission granted by this ordinance.
Section 29. Public benefit mitigation. The Permittee agrees to provide public benefit mitigation with every Kiosk installation that includes:
A. Identifying and removing redundant, damaged, poorly located, and temporary items on the same block face prioritizing the area within 25 feet of the Kiosk. The Permittee shall confirm ownership and entitlement or permitting restrictions associated with the items and any removal or relocation shall comply with any restrictions associated with the items. After review and approval by SDOT, the Permittee shall remove, or if feasible relocate the items at the Permittee’s sole cost and subject to separate permits as required.
B. The Permittee shall also install either hanging flowers baskets, bike racks, a mural, a signal box art wrap, or other similar installation the number of which will be determined by SDOT and the Permittee (“public benefit”) based on the opportunities for public benefit that exist on the same block face of the Kiosk. The Permittee will identify which of these public benefits to install and SDOT will either approve or reject the public benefit in good faith using its reasonable judgement, based on the type of public benefit installation proposed by the Permittee and the specific public benefit opportunities that exist on the specific block face. If SDOT rejects the proposed public benefit proposal, SDOT will take reasonable efforts to work with the Permittee on an alternative public benefit for the block face where the public benefit was rejected. Installation of the public benefits will occur no later than 90 days after the completion of each Kiosk installation. If the Permittee installs a bike rack, it may be transferred to SDOT for maintenance upon installation per SDOT Director's Rule 01-2020 or maintained under a long-term Street Use permit as determined by SDOT. All other installations shall be owned and maintained by the Permittee or the Vendor.
C. In addition to subsections 29.A and 29.B of this ordinance, the Vendor shall conduct trash and debris removal within a 15-foot radius of each Kiosk when installed. This trash and debris removal will continue following Kiosk installation as part of regularly scheduled Kiosk maintenance for the duration of the term permit.
D. Alternative public benefit may be approved on a case-by-case basis where there is a proposed project or approved City plan where the Permittee can support implementation and as jointly agreed by the Permittee and SDOT.
Section 30. The Mayor or designee is authorized to execute a Memorandum of Understanding in the form attached to this ordinance as Attachment 1, with such amendments and modifications that the Mayor determines necessary and convenient to carry out the purposes of this ordinance.
Section 31. The General Fund shall receive all revenues to the City agreed upon under the Memorandum of Understanding. The City Council anticipates that proposed appropriations for revenues to the City agreed upon under the Memorandum of Understanding will support activation and improvements in neighborhood business areas citywide.
Section 32. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.
Section 33. Section titles. Section titles are for convenient reference only and do not modify or limit the text of a section.
Section 34. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2025.
____________________________________
President ____________ of the City Council
Approved / returned unsigned / vetoed this _____ day of _________________, 2025.
____________________________________
Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
____________________________________
Scheereen Dedman, City Clerk
(Seal)
Attachments:
Attachment 1 - Memorandum of Understanding