City Council Agenda and Packet 2018 07 17

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City Council Meeting Minutes July 3, 2018 Page 5 of 11 Mayor Pro Tem Lipton suggested addressing this in the 2019 work plan. It will likely make it safer for cyclists and should be considered for next year. Councilmember Maloney stated he likes this idea. He agreed it would be a good 2019 item but would like to be cautious. Council members were in agreement. Staff is seeking confirmation from City Council that it is acceptable to enter into an exclusive agreement with Zagster/Pace allowing them to be the only bike share operator in Louisville for two years. This would allow for both dockless and docked bicycles but require locking to a bike rack or docking station. There would be no cost to the city but it would be exclusive for Zagster/Pace and not allow other companies for two years. There is some funding budgeted for this and would keep there for any possible upgrades such as dock stations. Councilmember Keany asked how the City can limit this to one company. Attorney Light stated the issue is using public property for docking stations requires a licensing agreement and making it exclusive. It does not preclude any person from riding another provider's bike into or through town. Councilmember Keany stated he supports the contract but doesn't want the contract to limit free enterprise or someone using private property for these uses. He supports the lock to or docking model and not the ones that allow for leaving them anywhere. Mayor Pro Tem Lipton asked if it perhaps an RFP should be done if this is going to be exclusive. Councilmember Leh agreed and asked if this would meet our procurement rules. Attorney Light stated he could take a closer look; this proposed model has no cost to the City other than soft costs which can include staff and Council time to research and prepare an ordinance concerning bike sharing programs. Councilmember Leh and Mayor Muckle agreed with Councilmember Keany related to free enterprise. Deputy City Manager Davis stated part of the reason staff looked at this vendor in particular was the model for the lock to component and our neighbors are looking at the same vendor. This gives us the opportunity to work with Commuting Solutions for marketing across all of the communities. Councilmember Leh stated he is not sure the case for exclusivity has been met. Mayor Muckle stated he supports moving this forward. Attorney Light stated staff will look to make sure the purchasing polices are met and this will come back for approval if a contract is agreed upon. Councilmember Maloney stated for now this should be moved forward and can be revisited in two years. Members agreed. 32