Resolution 063-18RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO
Resolution No. 63-18
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MEMORANDUM OF AGREEMENT WITH THE OHIO
DEPARTMENT OF TRANSPORTATION/DRIVEOHIO REGARDING
AUTONOMOUS VEHICLE TESING WITHIN THE BOUNDARIES OF
THE CITY OF DUBLIN
WHEREAS, the Ohio Governor's Executive Order 2018-01K created DriveOhio as the smart
mobility center for the State of Ohio and housed within the Ohio Department of
Transportation, tasked DriveOhio with promoting the development of autonomous and
connected vehicle technology; and
WHEREAS, Executive Order 2018-04K established the Autonomous Vehicle Pilot Program
(AVPP) to link municipalities interested in promoting autonomous vehicle testing to industry;
and
WHEREAS, Executive Order 2018-04K tasks DriveOhio with partnering with municipalities
that volunteer to participate in the AVPP, to identify the unique testing attributes of the
Municipality; and
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code provides the Director of
Transportation may coordinate the activities of the Department of Transportation with other
appropriate public authorities to enter into contracts with such authorities as necessary to
carry out its duties; and
WHEREAS, the City of Dublin is a key partner in the Northwest 33 Innovation Corridor
Council of Governments; and
WHEREAS, the Northwest 33 Innovation Corridor Council of Governments has made
significant progress with the Ohio Department of Transportation/DriveOhio in the
development of the necessary fiber optic infrastructure along the US 33 and Industrial
Parkway connecting to Dublink; and
WHEREAS, this unique fiber optic infrastructure will, support the deployment of technology
funded by a Federal Highway Administration/United State Department of Transportation
grant to enable the testing of autonomous and connected vehicle technologies; and
WHEREAS, enabling the City of Dublin to participate in the ODOT/DriveOhio AVPP testing
program will further both the City of Dublin's and the Northwest 33 Innovation Corridor
Council of Government's unique position in participating in the advancement of this new
technology and being at the forefront of this evolving industry; and
WHEREAS, the City of Dublin and DriveOhio desire to execute a Memorandum of
Agreement outlining the obligations and responsibilities of the City of Dublin and DriveOhio
with regard to autonomous and connected vehicle testing within the boundaries of the City
of Dublin.
NO THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio,
of the elected members concurring that:
Section 1. The City Manager is hereby authorized to enter into a Memorandum of Agreement
with the Ohio Department of Transportation/DriveOhio with regard to the testing of
autonomous and connected vehicles testing within the City of Dublin, attached hereto.
SectioA IThis Resolutigr(�hall take effect upon passage in accordance with Section 4.04(a)
of th evised Charter/
Pasi¢d4his.,2�YaVda+Sr of ������ , 2018.
Mayor — Presig(ing gffiter
ATTEST:
Clerk of Council
Form 6301
Office of the City Manager
5200 Emerald Parkwayo Dublin, OH 43017-1090 M AN
M "
U1 y of DUbI in Phone: 614.410.4400 e Fax: 614.410.4490
4cit
pq M �L
To-,: Members of Dublin City Council
From,* Dana L. McDaniel, City Manager
Date: October 15, 2018
Res. Resolution 63-18 - Agreement with ODOT regarding Autonomous
Vehicle Testing
As mentioned above and as briefed to City Council at its Finance Committee meeting on
October 8, 2018, Dublin and its COG partners are working together to advance the creation of
Memo re. Res 63-18 - ODOTIve Ohio MOA
October 15, 2018
Page 2 of 2
Staff recommends Council pass Resolution 63-18, enabling the City of Dublin to participatein tht
ODOT/DriveOhio CV/AV testing program and furthering both the City of Dublin's and the COG's
unique position in participating in the advancement of this new technology and being at the
forefront of this evolving industry.
ODOT AGREEMENT NO.
MEMORANDUM OF AGREEMENT BETWEEN
DRIVEOHIO
AND
THE CITY OF DUBLIN
THIS MEMORANDUM OF AGREEMENT (Agreement) is made between DriveOhio, acting by
and through the Executive Director (hereinafter referred to as DRIVEOHIO), 1980 West Broad
Street, Columbus, Ohio 43223 and the City of Dublin (the Municipality) acting by and through its
City Manager (hereinafter referred to as the Municipality), 5200 Emerald Parkway, Dublin, Ohio
43017.
WHEREAS, Executive Order 2018-01K created DriveOhio as the smart mobility center
for the State of Ohio, housed within the Ohio Department of Transportation, tasked with promoting
the development of autonomous and connected vehicle technology;
WHEREAS, Executive Order 2018-04K established the Autonomous Vehicle Pilot
Program (AVPP), to link municipalities interested in promoting autonomous vehicle testing to
industry;
WHEREAS, Executive Order 2018-04K tasks DriveOhio with partnering with
municipalities that volunteer to participate in the AVPP, to identify the unique testing attributes of
the Municipality;
WHEREAS, Section 5501.03(A)(3) of the Ohio Revised Code provides the Director of
Transportation may coordinate the activities of the Department of Transportation with other
appropriate public authorities, and enter into contracts with such authorities as necessary to carry
out its duties;
WHEREAS the Municipality is volunteering, through the adoption of Resolution No.
to be a part of the AVPP passing; and
NOW THEREFORE, for and in consideration of the mutual covenants hereinafter
stipulated to be kept and performed, it is agreed by the parties as follows:
SECTION L• RECITALS
The foregoing recitals are hereby incorporated as a material part of this Agreement
SECTION IL• PURPOSE
This Agreement outlines the obligations and responsibilities of the Municipality and DriveOhio
with regard to autonomous vehicle testing within the boundaries of the Municipality.
SECTION III: MUNICIPALITY OBLIGATIONS
1. The Municipality will determine, in coordination with DriveOhio, those areas the
Municipality would like to promote as autonomous vehicle testing sites. These testing sites
will not exclude autonomous vehicle testing in other areas, but will be those sites that the
Municipality seeks to actively encourage testing. This can include:
a. Areas that have specific capabilities to support testing/deployment of mile/last mile
applications;
b. Areas, places, and facilities that provide unique testing/deployment opportunity/ies.
2. The Municipality will determine, in consultation with DriveOhio, the unique attributes of
the Municipality that can be used to promote testing within the Municipality. These
attributes may include, but not necessarily be limited to:
a. Specific weather patterns
b. The infrastructure capable of supporting connected and autonomous vehicle
testing/deployment;
c. Population density;
d. Geography;
IR
e. The use of specific and/or varied roadway, intersection, and signalization
configurations for testing/deployment;
f Ability to leverage municipal facilities, fleet, operations, programming to advance
research and development;
g. Ability to leverage the municipalities access to, knowledge of, and relationships
with its business, government, resident and academic communities to advance
research, development, implementation, testing, and deployment of connected and
autonomous vehicle related technology/ies;
h. Municipally owned data;
i. Any other unique attribute
3. The Municipality agrees that it will work with DriveOhio to help educate the public.
4. The Municipality agrees that it will work with DriveOhio to help educate law enforcement
that has authority within the jurisdiction of the Municipality as to the presence of
autonomous vehicles. The Municipality will assist in educating law enforcement as to how
to interact with the autonomous vehicles and how to react to public inquiries about the
autonomous vehicles.
SECTION IV: DRIVEOHIO OBLIGATIONS
1. DriveOhio agrees to publish the partnership status of the Municipality on its website and
in any materials DriveOhio distributes to autonomous vehicle testers.
2. DriveOhio agrees to promote the unique attributes of the Municipality to all partner
autonomous vehicle testers and to attempt to match autonomous vehicle testers with the
Municipality based upon the attributes the tester is seeking.
3. DriveOhio will notify the Municipality, by contacting the contact person listed above,
when any autonomous vehicle tester becomes a partner with DriveOhio, and will identify
the unique attributes that tester is seeking.
4. DriveOhio will coordinate with the Municipality to continue to upgrade the unique
attributes the Municipality possesses as it receives input from autonomous vehicle testers.
5. DriveOhio will coordinate with the Municipality to educate law enforcement as to how to
interact with Autonomous Vehicles.
6. DriveOhio will cooperate with the Municipality in sharing of data collected in support of
connected and autonomous vehicle deployment efforts within the Municipality.
7. DriveOhio will coordinate with the Municipality on any efforts to educate the public about
the presence of autonomous vehicles within the Municipality.
SECTION V: FINANCIAL RESOURCES
Nothing in this Agreement constitutes an obligation by DriveOhio, the Ohio Department of
Transportation or the Municipality to provide any financial resources. Any agreement to provide
financial resources will need to be stated in a separate document, signed by both parties.
SECTION VI: TERM AND TERMINATION
This Agreement shall continue until the parties elect to terminate the Agreement. Either party may
terminate the Agreement by giving ninety (90) days written notice to the other party.
SECTION VII: NOTICE
Notice under this agreement shall be directed as follows:
As to ODOT:
Executive Director
DriveOhio
1980 West Broad Street
Columbus, OH 43223
Email:
Telephone:
As the City of Dublin
Dana L. McDaniel
City Manager
5200 Emerald Parkway
Dublin, Ohio 43017
dmcdanielAdublin.oh.us
614-410-4420
SECTION VIII: MISCELLANEOUS PROVISIONS
1. Entire Agreement. This Agreement constitutes the entire agreement between the Parties.
No understandings, agreements, or representations, oral or written, not specified within this
Agreement will be valid provisions of this Agreement. This Agreement may not be
modified, supplemented or amended, in any manner, except by written agreement signed
by both Parties.
2. Governing Law. This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of Ohio. To the extent that ODOT is a party to any
litigation arising out of, or relating in any way to, this Agreement or the performance
thereunder, such an action shall be brought only in a court of competent jurisdiction in
Franklin County, Ohio.
3. Records Retention. All records regarding this Agreement shall be maintained for at least
three years after the completion of this Agreement.
4. Severability. Any provision of this Agreement found to be prohibited by law shall be
ineffective to the extent of such prohibition without invalidating the remainder of the
Agreement.
5. Assignment. Neither this Agreement nor any rights, duties, or obligations described herein
shall be assigned or subcontracted by either Party hereto without the prior express written
consent of the other Party.
6. The Parties agree that no agency, employment, joint venture or partnership has been or will
be created between DriveOhio or the Ohio Department of Transportation and the
Municipality
7. Compliance with Laws.
A. Each of the Parties shall comply with all applicable federal, state and local laws,
rules, regulations and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any applicable
state or federal statute or the promulgation of rules or regulations there under, after
execution of this Agreement shall be reviewed by the State and the Parties to determine
whether the provisions of this Agreement require formal modification.
B. Each of the Parties represents and warrants that the Parties and their subcontractors,
if any, shall obtain and maintain all required permits, licenses, registrations and approvals,
as well as comply with all health, safety, and environmental statutes, rules, or regulations
in the performance of work activities under this agreement. Failure to do so may be
deemed a material breach of this Agreement and grounds for termination and denial of
further work with the State.
C. Negligent Acts or Omissions. To the extent permitted by Ohio law, including but
not limited to the Ohio Constitution, Ohio Revised Code Chapter 2743 et seq. and Ohio
Revised Code Section 3345.40, each Party agrees to be responsible for those damages or
losses, which arise directly from the negligent acts or omissions of its own employees in
performance of the agreement.
9. Title to inventions conceived or reduced to practice by Drive Ohio or its personnel related
to, pertaining to, or in connection with this Agreement shall be the property of Drive Ohio.
The copyright to all materials prepared by Drive Ohio shall belong to Drive Ohio. Drive
Ohio shall notify Municipality prior to the incorporation of Municipality materials or
services in reference to materials developed by Drive Ohio that mention or reference
Municipality services.
10. Any list of attributes or testing sites provided by the city can become attachments to this
agreement once provided to DriveOhio, if not already exhibits.
SECTION IX: SIGNATURES
Any person executing this agreement in a representative capacity hereby warrants that he/she has
been duly authorized by his/her principal to execute this agreement on such principal's behalf.
Any party hereto may deliver a copy of its counterpart signature page to this Agreement via fax or
e-mail. Each party hereto shall be entitled to rely upon a facsimile signature of any other party
delivered in such a manner as if such signature were an original.
The parties hereunto have cause Agreement to be duly executed in duplicate as of the day and year
last written below.
ODOT
By:
Title:
Date:
CITY OF DUBLIN
By:
Title:
Date:
0127206