Free Floating Car Share Conditions of Use

  1. Preamble
    1. A robust car share program provides the opportunity to reduce parking demand, vehicles miles traveled, and enhance mobility options, while also balancing the needs of other uses in the Right of Way. 
    2. The purpose of this Permit is to set forth the conditions associated with the Permit Holder’s use and occupancy of the City rights-of-way through Seattle’s car sharing program. The car sharing program allows vehicles as part of a car sharing organization to park in designated, signed spaces previously agreed upon by the City. The free-floating car sharing program, a subset of the car sharing program, allows car sharing organizations to park vehicles in most types of on-street spaces.
  1. Definitions
    1. Car sharing (Seattle Municipal Code 11.14.087): "Car sharing" is a system in which a fleet of cars (or other vehicles) is made available for use by members of the car share group in a wide variety of ways. Car sharing provides an alternative to car ownership under which a) persons or entities that become members are permitted to use vehicles from a fleet on an hourly basis; b) vehicles are available to members in parking spaces at dispersed locations or facilities; and c) no separate written agreement is required each time a member reserves and uses a vehicle.
    2. Car sharing service area: "Car sharing service area" is the portion of the city reasonably served by car sharing vehicles per SDOT's approval.
    3. Designated car share vehicle zone (SMC 11.14.089): "Car sharing vehicle zone" means a portion of a street or alley designated by a sign or other traffic control devices that is reserved for the exclusive use of car sharing vehicles.
    4. Open Application Programming Interface (API): An Open API (often referred to as a Public API) is a publicly available application programming interface that provides developers with programmatic access to a proprietary software application.
    5. Transportation Demand Management: The application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time.
  2. Term of Agreement
    1. Designated car sharing spaces will be permitted in the Right-of-Way through the calendar year of the date of issuance. Issued permits may be revoked or terminated as set forth by section 3.1 below.
  3. Permit Conditions
    1. Removal 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, revoke permits for individual spaces, or terminate the permission at any time prior to expiration of the initial term or any renewal term, and require the Permit Holder to pay any outstanding usage fees, in the following circumstances:
      1. The City Council determines by ordinance to terminate the authority for car sharing and/or to substantially amend the associated authority or regulations associated with car sharing; or
      2. The Director determines that any term or condition of the permit has been violated, and the violation has not been corrected by the Permit Holder by the compliance date after a written request by the City to correct the violation; or
      3. The Director determines that use of the public right of way is necessary for other purposes, including but not limited to meeting safety needs.
    2. Permit Fee. The Permit Holder shall pay permit fees according to the following schedule:
      1. $3,000 for each designated on-street space in paid areas
      2. $300 for each designated on-street space in unpaid areas
      3. $1,230 for each free-floating vehicle (in addition to designated on-street spaces):
        1. $300 for the RPZ Cost Center, including:
          1. $100 for administration of the program
          2. $200 for parking in Restricted Parking Zones (RPZs)
        2. $930 for the General Fund, to cover the cost of paid parking use.
      4. Fees are prorated to the month when they become active.In addition, at the end of the one-year term of this permit, the Permit Holder will be required to pay an additional amount that reflects actual paid parking usage beyond that utilized by each free-floating car sharing vehicle in the fleet. The Permit Holder, if operating using a free-floating car sharing model, shall provide a report to SDOT regarding paid parking usage by paid parking area by January 31 of the year following the conclusion of this permit. In the event that the time parked in paid areas on City streets per vehicle exceeds $930 as specified above, the Permit Holder shall pay the City the difference. If the average per-vehicle value of time parked in paid areas is less than $930, the City will not reimburse the Permit Holder.
    3. Compliance with other laws. Permit Holder shall operate and utilize on-street parking within City rights-of-way in compliance with all other applicable federal, state, County and City laws and regulations.
    4. City of Seattle parking violations. Permit Holder must demonstrate to SDOT that parking and traffic camera violations have either been paid by the Permit Holder or transferred to the driver for payment. The operator shall report annually to SDOT by January 31 on the previous year, showing payment of violations. SDOT and/or the City may also request evidence of payment of parking violations at other times.
    5. Vehicle identification.
      1. The Permit Holder shall display local contact information, such as phone number, on each car sharing vehicle on a publicly visible section of the vehicle.
      2. In designated car sharing spaces, the Permit Holder shall affix its company logo to each car sharing vehicle parked in a designated car share vehicle zone on a publicly visible section of each vehicle to clearly identify the vehicle as a car sharing vehicle authorized to participate in the car sharing program.
    6. Car sharing service area. The Permit Holder shall demonstrate that it serves, through on- and off-street designated spaces, and/or a free-floating model, the entire city of Seattle, within two (2) years of beginning operations in the City of Seattle. SDOT shall determine if the operator is meeting the requirement for citywide service. If SDOT requests, the Permit Holder must provide documentation indicating how many vehicles are parked off-street and where.
    7. Reporting requirements.
      1. Annual Report. In addition to the requirement set forth in section 3.8, the Permit Holder shall provide information to SDOT annually regarding their fleet, membership (including demographics) and on- and off-street parking locations. The annual report is due to SDOT January 31 of the following year. The report will include the following summary data in a format specified by SDOT:
        1. Size of fleet
        2. Map showing location of on- and off-street spaces
        3. Number of members and demographics, as specified by SDOT. Demographic data to be collected shall include, at minimum: race/ethnicity, gender, age and household income.
        4. Annual Member Survey
        5. Geographical distribution of membership by zip code
        6. Total parking time by paid area, in RPZs, and in all other parking areas by month
        7. Average number of trips per vehicle per day by month
        8. Average trip distance by neighborhood of trip origination
        9. Total monthly trip distance for all vehicles in miles
        10. Total monthly trip distance for plug-in electric vehicles in miles
        11. Total monthly trip distance for hybrid vehicles in miles
        12. Dwell time in designated car sharing spaces by month
        13. Average number of vehicle uses per day in designated car sharing spaces by month
      2. Annual Membership Survey. The Permit Holder shall be responsible for conducting an annual membership survey during the first two months of each permit year. The annual survey must be consistent with that developed in collaboration with the University of California at Berkeley Transportation Sustainability Research Center conducted in January 2015. Survey shall include questions on demographic data including, at a minimum: race/ethnicity, household income, gender, and age. SDOT shall approve the survey instrument prior to implementation. Summary results of the annual survey shall be submitted to SDOT by May 1 of each survey year and should be included in the Annual Report referenced above.
    8. Application programming interface (API).
      1. The Permit Holder shall work with, and provide data to, the Transportation Data Collaborative (TDC) at the University of Washington. Data provided shall include full access by the TDC to the Permit Holder's API, including:
        1. Point location
        2. Vehicle identification number
        3. Type of vehicle
        4. Fuel level (percentage)
        5. Engine type (combustible engine or electric drive)
      2. Data use. SDOT may request queried information from the TDC that provides aggregated and summary level reports and information. The City will comply with terms of the TDC relative to non-disclosure of proprietary information and the nature of approved TDC data and report queries.
      3. If the TDC is not able to provide an appropriate level of service or analytics for SDOT, as determined by SDOT, SDOT reserves the right to require the Permit Holder's API to be provided directly to SDOT.
    9. Transportation Demand Management Programs. The Permit Holder shall collaborate with SDOT to implement transportation demand management programs in conjunction with the portion of the permit fee directed to transportation demand management programs as identified in Section 3.2. These programs could include, but are not limited to: offering discounts to qualified low-income members, providing vehicles at transit hubs to facilitate first and last mile connections, and marketing efforts including translating materials on Seattle's Tier 1 and Tier 2 languages.
    10. Mobile Application. Mobile applications shall be compatible with screen readers and other assistive technologies. Where possible, operator shall format the application to be translatable into Seattle's Tier 1 languages. If translation is not possible, operator shall work to offer this in the future.
    11. Advertising. The Permit Holder shall not advertise nor publish SDOT or the City of Seattle's participation in or endorsement of the car sharing program in marketing or promotional materials without SDOT's prior written consent.
    12. Local Presence. The Permit Holder shall maintain a local presence in Seattle and shall be responsive to requests, whether in response to individual complaints to the Permit Holder or SDOT, or for other purposes.
    13. Indemnification. The Permit Holder agrees to defend, indemnify, and hold harmless the City of Seattle, its officials, officers, employees, and agents against: (1) any liability, claims, causes of action, judgments, or expenses, including reasonable attorney fees, resulting directly or indirectly from any act or omission of the Permit Holder, its subcontractors, anyone directly or indirectly employed by them, and anyone for whose acts or omissions they may be liable, arising out of the Permit Holder's use or occupancy of the public right-of-way; and (2) all loss by the failure of the Permit Holder to fully or adequately perform, in any respect, all authorizations or obligations under the Permit.
    14. Severance of terms and compliance with applicable law. The Permit Holder shall comply with all applicable laws, regulations, and rules. If any term or provision of this Permit is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions of this Permit. Meeting the terms of this Permit shall not excuse any failure to comply with all applicable laws, regulations, and rules, whether or not these laws and regulations are specifically listed in this Permit.
    15. Non-transferability. This permit may not be transferred to another party or entity.
    16. Enforcement. SDOT will notify the enforcement agencies in its jurisdiction to not cite the Permit Holder's vehicles displaying the proper permit decals while in designated car sharing spaces or designated car share vehicle zones or in on-street areas consistent with SMC 11.23.160: Free-floating car sharing parking.
  4. Explanation payment of permit fees
    1. Use and occupancy of the street. The Permit Holder shall pay SDOT fees as stipulated in Section 3.2. This permit fee does not include vehicle registration fees. This payment covers the cost of installing and maintaining signage, paid parking revenue, restricted parking zone privileges, and administration of the program
    2. Payment. The Permit Holder shall make full payment prior to January 1 of the following year for continued use of existing designated car sharing spaces and/or for free-floating vehicle permits. For new designated car sharing vehicle zones, the Permit Holder shall make full payment prior to installation of new signage.
  5. Effective Date, Renewals, Modification
    1. The Permit shall be effective on the date of issuance until the end of the calendar year. New zones established mid-year by an existing operator shall be subject to the signed permit conditions for that calendar year. Unless otherwise noted, renewals shall be effective on the day following the last day of effectiveness of the previous Permit.
    2. No amendment, alteration, or modification to this Permit shall be effective unless agreed to in writing by both SDOT and the Permit Holder.
  6. Termination
    1. SDOT reserves the right to terminate the Permit for failure to meet any of the requirements contained herein upon written notice to the Permit Holder and after providing the Permit Holder a five (5) day period to resolve any deficiencies. If the Permit and Terms and Conditions are terminated on or before the effective date of the termination provided in the written notice, the Permit Holder shall be refunded any amount the Permit Holder paid that pertains to the period of time beyond the effective date of the termination provided in the written notice.
  7. Contact Persons
    1. All official notices under this Permit shall be delivered to the following addresses (or such other address(es) as either party may designate in writing):

City of Seattle:
Contact: Mike Estey, Manager of Parking Programs
Mailing Address: Seattle Department of Transportation
PO Box 34996
Seattle, WA 98124-4996
Physical Address: 700 5th Avenue, Suite 3800
Phone: (206) 684-8132
E-mail: mike.estey@seattle.gov

Car Sharing Organization:
Contact:
Mailing Address:
Phone:
Email: